The URL can be used to link to this page

KILLARNEY HILLS BK 1 LT 1 SW PTN - ZCP5 V 537727 78 m E6407634.18 m N ( 5S age 2008 t)igite!Globe elev 128 Corey M. Baldwin PROJECT MANAGER cmb@housingadvisors.com TEL / FAX 206.832.1316 1 PACIFIC 1700 Seventh Avenue, Suite 2075 1 HOUSING ADVISORS Seattle, WA 98101-1397 www.housingadvisors.com f( f 11 ((1 PACIFIC (( 1 HOUSING ADVISORS Gregory M. Dunfield DIRECTOR gmd@housingadvisors.co m TEL / FAX 206.832.1308 1700 Seventh Avenue, Suite 2075 Seattle, WA 98101-1397 www.housingadvisors.com Killarney Hills Bk 1 L1 NE prtn and SW prtn // 2610 Mill Bay Rd Martin Lydick From: Bud Cassidy Sent: Thursday, October 09, 2008 1:35 PM To: Martin Lydick Cc: 'Mathers, Doug' Subject: FW: Renovation Project in Kodiak Can I have you work with Doug and M. Baldwin on this project? Doug is scheduling a meeting on Monday. Thanks From: Mathers, Doug [mailto:dmathers@city.kodiak.ak.us] Sent: Wednesday, October 08, 2008 12:27 PM To: Corey Baldwin Cc: Bud Cassidy Subject: RE: Renovation Project in Kodiak 2:30 Monday Oct 13th is fine. Please call and confirm time and location when you get in Monday morning. Douglas I Mathers City of Kodiak Building Official Office (907) 486-8072 Fax (907) 486-8071 dmathers@city.kodiak.ak.us From: Corey Baldwin[mailto:cmb@housingadvisors.com] Sent: Tuesday, October 07, 2008 12:58 PM To: Mathers, Doug Subject: Renovation Project in Kodiak Doug: My company is under contract to purchase the Fir Terrace 1/1I apartments there in Kodiak. As you may know it's a low income apartment community. We will be acquiring the property with tax credits issued through the State of Alaska and will be renovating the property immediately after close. A director in my company and I will be in town on Monday with our contractor to walk through the property to finish sizing up the renovation and would like to schedule a time to meet with you or someone from the planning department to discuss the project and get your support for the transaction. We land in Kodiak around 11:OOam and will be staying the night and leaving for Anchorage the next morning. If we could plan on meeting around 2:30pm or so that would be appreciated. If you have any questions feel free to give me a call. Thanks, Corey M. Baldwin 206.832.1316 Allied Pacific Development Pacific Housing Advisors 1700 Seventh Ave., Suite 2075 Seattle, WA 98101 www.housingadvisors.com 1 USS 3066AB Block 6 Lot 1 1897 L St., Kodiak, AK. 99615 Kodiak Island Borough Serving the people of Kodiak Island and the surrounding area Home Search Again Property ID R1180010011 Last Name KODIAK ASSOCIATES First Name Legal Description KILLARNEY HILLS BK 1 LT 1 NE PTN Street Address 2610 MILL BAY RD Tax Code Area 1 School District KISD Exempt Code Zoning Type R3 Property Use MFR Mailing Address C/O QUALITY MGMT INC PO BOX 778 MERCER ISLAND, WA 98040 Land Value 266600 Misc Value 0 Building Value 1184300 Total Value($) 1450900 This information is current as of July 2006 View this property on a mao Copyright 2003 - Kodiak Island Borough 3363 Spruce Cape Rd. USS 3066AB Block 6 Lot 1 1897 L St., Kodiak, AK. 99615 Kodiak Island Borough Serving the people of Kodiak Island and the surrounding area Home, Search Again Property ID R1180010010 Last Name KODIAK ASSOCIATES First Name Legal Description KILLARNEY HILLS BK 1 LT 1 SW PIN Street Address 2610 MILL BAY RD Tax Code Area 1 School District KISD Exempt Code Zoning Type R3 Property Use MFR Mailing Address C/O QUALLITY MGMT INC PO BOX 778 MERCER ISLAND, WA 98040 Land Value 205800 Misc Value 0 Building Value 1069000 Total Value($) 1274800 This information is current as of July 2006 View this property on a map Copyright 2003 - Kodiak Island Borough 3363 Spruce Cape Rd. Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486-9362 Fax (907) 486 - 9396 http://www.korlialsak.us Zoning Compliance Permit Print F Submlt by Emall 111IIInIAIIIIIMIIIII11IIIIII1111W Permit No. czzo10-o1s Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: The following Information Is to be supplied by the Applicant: Kodiak Associates/Allied Pacific/Criterion General, Inc. C/O Legacy Property Managment Group, LLC, 11627 8 Airport Road, Everett WA 98204 206-832-1316 (Allied Pacific) Lot 1, Block 1, Killarney Hills Subdivision (NE and SW portions) 2610 Miil Bay Road Use & Size of Existing Structures: 58 -unit apartment complex comprised of four (4) large apartment buildings and related off-street parking. Description of Proposed Action: Extensive renovation of existing apartments buildings with no change in use for 58 existing units. Converting existing laundry rooms and office into two (2) new apartment units for a total of 60 units. New community building. with office, community room, toilets and small laundry room. Five (5) additional off-street parking spaces, 3 to account for the two (2) additional apartment units and two (2) additional off-street parking spaces to move toward conformity with current parking code. Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Lot Area: 2.48 acres Front Yard: 25 ' ZONING: R-3 Parcel No. RI180010011 Lot Width: 60' Bldg Height: 35' Rear Yard: 10 ' Side Yard: 5 ' Prk'g Plan Rvw? Yes # of Req'd Spaces: 80 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? Li, BI, Killamey Hills Sub. divided by deed into NE and SW portions shall be merged or re -assembled w/in six months of the issuance of final lnsoertion aoorovaL -. R YES If YES, do you have an EPA Return Receipt of Notification? "Permit will not be Issued until receipt Is submitted to KIB" YES PAID SEP 2 5 2009 akTslanti Burough Finance Department ICASH 14)38:45 oninq Cap 3e d in Full *ft siand Braun k PR 5a15 - ) 406-9324 Coastal Policy Residential Subd Case No. NA Driveway Permit? Septic Pian Approval: Are Marshall: NA Consistent? Yes Plat No. NA Attachment? No Bldg Permit No. Pending NA Pending Applicant Certification: I hereby certifythat l will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certlfy this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers In place for verification of building setback (yard) requirements. - Attachments? Site Plan Date: Aug 5, 2009 List Other: Signature: Title Page/Code Analysis, Site Plan Upper, Site Plan Lower IC Kyle Scalls, Criterion General Inc., representing Kodiak Associates This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ""EXPIRATION: A zoning compliance permit will become null and void If the building or use authorized by such permit is not commenced within 180 days from the date of Issuance, or if the building construction or use is abandoned at any time, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) perKIBC 17.03.060.*" CDD Staff Certification Date: Aug 5, 2009 CDD Staff: Duane Dvorak Payment Verification Zoning Compliance Permit Fee Payable In Cashier's Office Room # 104 Fee Schedule 1.76 to 5 acres 560.00 Construction Disposal Deposit Payable In Cashier's Office Room # 104 t7 ?CASH Fee Schedule 9/25/2t10 More than 500 sq ft 5100000 August 20, 2009 Duane Dvorak Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, AK 99615 Re: Fir Terrace I Building Permits Dear Mr. Dvorak, This letter Is in response to your request to Corey Baldwin with Allied Pacific Development, LLC to provide written authorization from the current owner of Fir Terrace I to allow Kyle Scalls with Criterion General Contractors, Inc. or an authorized representative the ability to sign for the building permits for proposed renovation of the property per the building plans and drawings that were subinitted to your office for approval. This letter serves as my authorization for Kyle Scalis with Criterion General, Inc. or authorized representative to sign for all permits pertaining to the renovation of this property. Thanks, KODIAK ASSOCIATES, a Washington limited Partnership By: Maple Properties, LLC, a Washington limited liability company, Its General Partner Rrt B. CitrCsinson, Manager LEGEND ® mms:wn d'^`md • IrriliCIaniMARIEDMIOPED • +.aca00.1915001M AOSIXL7 Paean, IIIMPOINEW ILTSCOW ne LPSODIt Site Plan SEE WORK IMAM A11.141W041. .se.avu..munw tat". ..1640•PVIRMYCEPSMCPCIII PUtattigra Site Pian A0.1 PROJECT SITE FIR TERRACE APARTMENTS RENOVATION KODIAK, ALASKA Min ,.::.1T TOD LOON mIIG...,GII,,. DRAWING INDEX 1,1 M.2 OPEOL/COO Ma MOO ELEVAlltall ata ..GML/....A. MS IPVISIDala iltitallaaa,10•Sta ELI KM C. SD ta/CIIIICILPLIMa Ala earaltall ....tea ALI m«m..a...... all G.AI'..I.. /al Caallail at.] PULP Mal a an•Alia•Inal Militaaka • altaTuCAL OISIIMMON ate LOAD Mena Ma CC••••••11Y KCMG =TOO Ell MX.] oil azencuicarkaunalmannoutaass Ma Taltrala 1019 OA alli.CIUMIL Mae N G sraenam. ram Si alleXTAted. DEMO !LOYOLA \ taCIDEWCiatEl Mal YELSLYCALIYMILS CM LOOM a SSW PLANNING AND ZONING a° MOS Vella FOOD CODE ANALYSIS te▪ ertsnonuarapaymeoneniAecnyoriasacoanowookon W▪ it XIL•airtitta Mina' 103.3017111. LEVEL itaREATERDMillentalaCali FOPCOPSTMICOINI ALLMAN. area /Gra liPaiatiaa. Mite 1.00141 :��.:� :MT.,o.........a...� P ▪ FC*U AYOMIY,M. u..aus.o iO.a ®Myra ...IICtan I= 1 COMM "TniSailLic..R.40. rear .o. .fp.OAI.G �w .q_�y� as .:w =...,o :tlm`Iola..n�"v.o'�""Ie u.R IO YMnW4wMOMOlICal I •4�.0 t03 I4 T4 1f-0 Oa04im yl41y..Y4• IY.O.MMO��um®lc at WNProonM..uVA NNW b.rt.AY XOOOI GOA�Mw I IOI.�nteatt DanaPALMY 00.161 Cat= Fiallealta Claila03 APO WWI Men LEGEND _.o 210DMY FIRE WNL Di g BDS Ft Trus olat OS an Title Page Mel�ysis TO.0 —u40M !bp t S 1 0 M C s, O e E O a6 01.001.1.4 Criterion General, Inc. FIR TERRACE 2610 MR Bay Road Kodiak, Alaska 4A 1. Bat 1, naives tib Steam Catalan General, Inc. FR aRRACE 2Gfi FID Bay Road fist , Alaska ow. 40wig Sutrbeien ,} I2 _ i 91� [e ; m �� ; ; i s ° B! &n •O i -�$k u! f a� - —_ e..e __..._ Catalan General, Inc. FR aRRACE 2Gfi FID Bay Road fist , Alaska ow. 40wig Sutrbeien Kodiak bland Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486-9362 Fax (907)486 - 9396 htto://www.kodiakakes Zoning Compliance Permit Print Form Submit by Email iuin11i111iiuiumnnmu111111i Permit No. cuo10-o18 Property Owner /Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: The following Information Is to be supplied by the Applicant: Kodiak Associates/Allied Pacific/Criterion General, Inc. C/0 Legacy Property Managment Group, LLC, 11627 B Airport Road, Everett WA 98204 206-832-1316 (Allied Pacific) Lot 1, Block 1, Killarney Hills Subdivision (NE and SW portions) 2610 Mill Bay Road Use &Size of Existing Structures: 58 -unit apartment complex comprised of four (4) large apartment buildings and related off-street parking. Description of Proposed Action: Extensive renovation of existing apartments buildings with no change in use for 58 existing units. Converting existing laundry rooms and office into two (2) new apartment units for a total of 60 units. New community building with office, community room, toilets and small laundry room. Five (5) additional off-street parking spaces, 3 to account for the two (2) additional apartment units and two (2) additional off-street parking spaces to move toward conformity with current parking code. Site Plan to include: Lot boundaries and existing easements, existing bulldings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: ZONING: R-3 Parcel No. R1180010011 Lot Area: 2.48 acres Lot Width: 60' Bld'g Height 35' Front Yard: 25 ' Rear Yard: 10' Side Yard: 5' Prk'g Plan Rvw? Yes # of Req'd Spaces: 80 Plat/Subdivision L1, B1, Killarney Hills Sub. divided by deed into NE and SW portions shall be merged of re -assembled w/in six Requirements? months of the issuance of final insoection aoorovaL -''10 Does the project Involve YES an EPA defined facility? If YES, do you have an EPA Return Receipt of Notification? "Permitwill not belssued until recelptis submittedt4 Kla" YES Kodiak island Burough Finance Department pa 4 (0000° oktzsto ICASH IR12-111) 14:38:45 oning Cap 0 00 d in Full *** Island Borouoh ak AK 99615 - 436-9324 Coastal Policy Residential Subd Case No. NA Driveway Permit? Septic Plan Approval: Fire Marshall: NA -- Consistent? Yes Attachment? No Plat No. NA Bld'g Permit No. Pending NA Pending Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that l have the authority to certify this as the property owner, oras a representative of the property owner. I agree to have identifiable corner markers In place for verification of building setback (yard) requirements. Attachments? Site Plan Date: Aug 5, 2009 List Other: Signature: Ti le Page/Code Analysis, Site Plan Upper, Site Plan Lower Kyle Scali Criterion General Inc.,pres� Kodiak Associates This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of Issuance, or if the building construction or use is abandoned at anytime, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) perKIBC 17.03.060.** CDD Staff Certification Date: Aug 5, 2009 CDD Staff:Duane Dvorak hitt r.4 PAID SEP 25 2009 Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 Fee Schedule 1.76 to 5 acres $60.00 Construction Disposal Deposit Payable in Cashier's Office Room # 104 Fee Schedule FICASH 9/25/2009 More than 500 sq ft $1000.00 LVVVV,JCV ?AI 60. * Pa: diak Kodi c90; if - K F i August 20, 2009 Duane Dvorak Kodiak Island Borough Community Development Department 710MIII Bay Road Kodiak, AK 99615 Re; FirTerrace l Building Permits Dear Mr. Dvorak, This letter is in response to your request to Corey Baldwin with Allied Pacific Development, LLC to provide written authorization from the current owner of Fir Terrace 1 to allow Kyle Scallswith Criterion General Contractors, Inc. or an authorized representative the ability to sign for the building permits for proposed renovation of the property per the building plans, and drawings that were submitted to your office for approval. This letter serves as my authorization' for Kyle Scaliswith :Criterion General, Inc. or authorized representative to sign for all permits pertaining to the renovation of this property. Thanks, KODIAK ASSOCIATES, a Washington Limited Partnership By: Maple Properties, LLC, a Washington limited liability company, Its General Partner Ra ert B. C $ enson, Manage FIR TERRACE APARTMENTS RENOVATION KODIAK, ALASKA Millasaarala MR. Darl.100. 122..1211. 0.202.0.4•110.11122.......•••••91,Waal un -fl 011.121•40.2.22.3.2.220.121.0111114Ttfl04� 2214O1M11441MS.x2x41 4...206.12.02022211 al DI DRAWING INDEX ;p214MU lata..fral nasal MI Weer alialhe 21.1 al p.114.Fw42Mf 212 UT nO11M11N0tlKa MilACOMM130. 0 . m1 40 1.12.111 2.022 213 mem2.v*0.WCO24.OAP. a.n0Mw • ® *a222.111211al C0eORfRDIA.R1cFcv1al ALI OaaON.N4p.M..1Mlt1Pna ORlR..RMS 1.12661.021001.12661.0210004 Wil..0!4.00122.10 MMOL.... • 0.01.••••12.1222.2.1110.2202.21 NbO.i 1H[CP1.. mlW1A.0 0.0204121 All m.011.1.4021c00 a 2.0.1a1112)....1222.0.221.1.02021121 2171.2.2 CA 1la+1rvi4.0 1111.11.4•422$w mx l'PaMP* FP alai* i* .a.a"'�O'Md'"m'"" Oa Ma. 1041m2 '"4"$ .002.21. �.......an MIMS atataliall 4.m*.0 PLANNING AND ZONING 111:0TONAL owe .M.a� m1M.+M.1 ,PAM 1'0M1P.*oa: Farm o am m.MFM* mamma 100Ou.0201F1410.0.022I. CODE ANALYSIS co:gramma magma comaramaccoma roarmaromacrumaxm tome 1m;a.011Mx.M..p2.2®1 4p12.0•IOm M▪ EL . pMap0010114001022m ...P2M .. 40P22YA01.12MF. 0.01.221 20.03•04.11.012.1.2. M10•2411.20.110.....101.9.221.1.01•2212.02•0100.22.01:1 Ana 211s12pan...20.. Main .S�sn41V2f..4i2gYf MYTwHaM Wp i®If.M.iMM4i 2201.00.2. IOIRMIED N0.9.11VuuMMNKi1MP42mmANULDIMC 4BMNY0 Leaman.u012 nm 0404MW i110MC00120.400.0 W4fn.1a.®rvu.00u400mlMM Wain. W ED COKriall a14.1Ma MO 22 0*..n.wimpvap5M211a.31n P20.W m4nMs+l,*Iau PnaTOTEm 2w tailia.1. mC 21 mama lw.xs r04n msanY*2 WO24 M12t Wema HAW0*tapVss4.04*47* na.a+.3 ril"" j Wl052d44a12xu1MM.m1DMpmq P ROVOIna . .M:nvmlMwe0.T.*T Neu1�MG4MO.1.101Wp M.42.grt.MMFP22.0.....mm 10.204...1111212..1 A..a. ManOM 241 plum raomia 1.222 a0 MM2* 4/1441011C14 Neoax flan vo....M 02Lb ......nm4M .M4ppMAm LEGEND ...v 24 JR NlEWNL 4 BDS ogivammog omaa 05 .mm1m D Koithasti Terzao� OP..M ®1. M.M2m Title gage e -rer.6 s a.O —ZoID-0 0101,, LEGEND mma a. xanr..m.u..m nxwwe.na..m Site Plan • ma .nim. m. i,womn wmi ...vn.rIMAM mon. u.w ....o.nronmon.na nnrrto-nm+»..m MULL▪ tieoe.aov.arawr PLIIITMOM • UDS wmr.r UV NIA —n .oxanrwwm Fr ieNtias mom MVO. .ICO Silo Plan A0.1 40 TETT-6C IZ° NAOMI !tidal - IHld Sus SI - At d IVO Oxdva / goo—ol01--IV WIte T711011 : IP Cali ICWIPT C scop 6y. 1A -TM ori MR -VA, u wnd pus' 4(1) om+ -zivfrJ9m19`�"�/ r5 orpLd «c: ))PM -+aarJQ/Ad* a, 1- 45::.1 4;441 'sf YM TI SOMAS TI29 Y LN T +me TO SAT a 01 aw 1 RI Se - L VY. Oti r. rv.... -.or *»'t. K..120 1. unil. roe a 0 60 Criterion General, Inc. FIR TERRACE 2810 KO Bay Road Kodiak, Alaska W 1.9xl b los SM.mm O .a Q' 0 • ,r 0 0 M1 U.S. Postal Service CERTIFIED MAIL r., RECEIPT (Domestic Mail Only; No Insurancc.Coverago Provided) For delivery information visit our websile at www.usps.comr, OFFICIAL USE Paelega CeNQedFtB Return Reoeta Pea (Endowment Reputed) Roa(EnndenamTroDelivery l Required) Talo Postage ti Fees x.58 .?• go a•30 $ 5" Postmark Here Sam 7b s.PAr"-Mo m or Pottax tikk aeon . See Reverse ter Insisuctions Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907)486 - 9362 Fax (907) 486-9396 htto://www.kodiakak.us Zoning Compliance Permit Print Form ' Submit by Email 111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Permit No. C22010-018 Property Owner / Applicant: Mailing Address: Phone Number Other Contact email, etc.: Legal Description: Street Address: The following Information is to be supplied by the Applicant: Kodiak Associates/Allied Pacific/Criterion General, Inc. C/0 Legacy Property Managment Group, LLC, 11627 B Airport Road, Everett WA 98204 206-832-1316 (Allied Pacific) Lot 1, Block 1, Killarney Hills Subdivision (NE and SW portions) 2610 Mill Bay Road Use & Size of Existing Structures: 58 -unit apartment complex comprised of four (4) large apartment buildings and related off-street parking. Description of Proposed Action: Extensive renovation of existing apartments buildings with no change in use for 58 existing units. Converting existing laundry rooms and office into two (2) new apartment units for a total of 60 units. New community building with office, community room, toilets and small laundry room. Five (5) additional off-street parking spaces, 3 to account for the two (2) additional apartment units and two (2) additional off-street parking spaces to move toward conformity with current parking code. Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: ZONING: R-3 Parcel No. R1180010011 Lot Area: 2A8 acres Lot Width: 60' Bld'g Height: 35' Front Yard: 25' Rear Yard: 10' Side Yard: 5' Prk'g Plan Rvw? Yes # of Req'd Spaces: 80 Plat / Subdivision Requirements? Does the project Involve an EPA defined facility? L1,131, Killarney Hills Sub, divided by deed into NE and SW portions shall be merged or re -assembled w/in six months nf the issuance of final insnection anoroval. YES If YES, do you have an EPA Return Receipt of Notification? ' Permitwill not beIssued until receiat is submitted to K180 YES Coastal Policy Residential Subd Case No. NA Driveway Permit? Septic Plan Approval: Fire Marshall: NA Consistent? Yes Attachment? No Plat No. NA Bld'g Permit No. Pending NA Pending Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? Site Plan Date: Aug 5, 2009 List Other: Title Page/Code Analysis, Site Plan Upper, Site Plan Lower Signature: Kyle Scalis, Criterion General Inc., representing Kodiak Associates This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at anytime, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) per KIBC 17.03.060.** CDD Staff Certification Date: Aug 5, 2009 CDD Staff: Duane Dvorak Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 Fee Schedule 1.76 to 5 acres $60.00 Construction Disposal Deposit Payable in Cashier's Office Room # 104 Fee Schedule More than 500 sq ft $1000.00 Nod a4 Eland Borough 710 Hill Bay Rd Eodiak, AR 39615 9/25/2e09 Receipt Runner: 100001520 14:39:10 Received By . RICAN Rtreived Frac; CR1TER1AN GENERAL INC,,, um' FY PAY1,`NTS I, 132.ird Account: 13814 L90 CRITERION DENCPR INC„ 2610 MILL BAY RD Zoning Cowliance Perxtt 6D.00 Cal (ERIITN GEt :RAL N , , tlecel pt Total . 1,050. 00 Roount Tendered : 1;062, PO Change .0. Peyrent Received: Check 1,059.00 criterion G eneral, Inc. 2820 Commercial Drive Anchorage, AK 99501-3015 Kyle Scalis (907) 277-3200 Fax: (907) 272.8544 Cellular. (907) 351-1443 kyles@critedungeneral.com www.criteriongeneral.com August 6, 2009 Duane Dvorak Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Dvorak: ALLIED PACIFIC DEVELOPMENT CONN UNITY DEVEIDPMENT DEIVRT" Our company, Allied Pacific Development, LLC ("APD"), together with its tax -credit investor, an affiliate of Alliant Capital, Ltd. ("Alliant"), is planning to acquire, rehabilitate, own and operate the Fir Terrace I Apartment ("Fir Terrace I") and Fir Terrace II Apartment ("Fir Terrace II"), a combined 59 -unit affordable housing development located in Kodiak, Alaska (Fir Terrace I and Fir Terrace II, collectively, the "Project"), as low-income housing in compliance with Section 42 of the Internal Revenue Code of 1986. The Project is financed in part by equity provided by Alliant, a new loan guaranteed by the U.S. Department of Agriculture ("USDA"), and the assumption of an existing USDA Section 515 loan currently encumbering the Project. When fully rehabilitated, the Project will remain as low-income housing for at least an additional 30 years and will be encumbered by affordability covenants or regulatory agreements for the benefit of USDA and the state of Alaska. We are writing to confirm our understanding of the process by which we can cure the "illegal subdivision issue in connection with our combined acquisition of Fir Terrace I and Fir Terrace II. Pursuant to our discussion several weeks ago, we understand that the parcels on which the Project was built were subdivided without obtaining the requisite subdivision approvals from the Kodiak Borough. On April 14, 1978, Kodiak Associates, an Washington limited partnership, acquired that certain real property, legally described as Lot One (1), Block One (1), Killarney Hills Subdivision, a portion of Tract R, U.S. Survey 3218, Kodiak, Alaska, as shown on Plat 68-13 ("Fir Terrace Parcel"). Thereafter, on January 12, 1979, Forest Investment Corporation, a Washington corporations, conveyed a portion of the Fir Terrace Parcel to Kodiak 1 We are inquiring with the local title company to determine when the Fir Terrace II Parcel was conveyed to Forest Investment Corporation. 1700 Seventh Avenue, Suite 2075, Seattle, WA 98101 P 206.621.7420 F 206.621.7433 www.housingadvisars.com II Associates, a Washington limited partnership legally described as the-following-("FirTerra Parcel"): LOT ONE "A" (1-A), THAT PORTION OF LOT ONE (1), BLOCK ONE (1), KILLARNEY HILLS SUBDIVISION, UNITED STATES SURVEY NUMBER 3218, RECORDS OF THE Kodiak recording district, Third Judicial District, State of Alaska, according to Plat No. 68-13, described as follows: 1) N51° 44'E, a distance of 136.14 feet; 2) N28° 53'E, a distance of 21.54 feet to the Southerly boundary of Murphy Way; 3) THENCE 861° 07'E, a distance of 220.00 feet along said boundary; 4) THENCE 828° 53'W, a distance of 265.58 feet along a line common with Lots One (1) and Two (2) to the Southerly boundary of United Stales Survey Number 3218; 5) THENCE N89° 53'W, a distance of 63.40 feet along said boundary; 5) THENCE-N.Q° 07'E, a distance of 71,54 feet; 7) THENCE N28° 53'E, a distance of 86.38 feet; 8) THENCE N61° 07'W, a distance of 182.87 feet to the True Point of Beginning. By fractionalizing the Fir Terrace Parcel, Forest Investment Corporation (or its predecessor -in -interest) appeared to have subdivided the parcel without undergoing the requisite subdivision procedures as required by the Kodiak Island Borough Code. Further, the Kodiak Borough did not appear to have waived the subdivision requirements for the Project, at the time the parcel was fractionalized. To cure the purported illegal subdivision on Fir Terrace Parcel, we proposed to have both owners (Kodiak Associates and Kodiak II Associates) jointly execute a single vesting deed conveying the Fir Terrace Parcel and Fir Terrace 11 Parcel to the partnership entity that will own the Project, APD Housing Partners 18 LP, an Alaska limited partnership ("Partnership"), using a single legal description. Per our discussion, we understand that, from the perspective of the Borough, this process will effectively remove the illegal subdivision, and the Partnership will be the sole owner of the parcel on which the Project was built. We would like to confirm that, by using a single vesting deed to convey the Project to the Partnership, the illegal subdivision issue affecting the Project will be cured, and that the Kodiak Borough will no longer require the Project to undergo a replat or subdivision process. We greatly appreciate your prompt acknowledgement of the foregoing. Further, should our understanding differ from yours, we would greatly appreciate an explanation on how your office would view the foregoing. Corey Baldwin Project Manager ALAN L. SCHMITT ATTORNEY AT LAW ADMITTED TO ALASKA BAR JAMIN LAW OFFICE A PROFESSIONAL CORPORATION 323 CAROLYN STREET KODIAK, ALASKA 99615 August 19, 2009 VIA FAX (206.621/433) AND MAIL Corey Baldwin, Project Manager Allied Pacific Development 1700 Seventh Avenue, Suite 2075 Seattle, WA 98101 TELEPHONE: 907.486.6024 FACSIMILE: 907.486.61 12 EMAIL: alan®jesakod.com _-....._.: CQMMUN11Y DEVELOPMENT DEPARTivENT. Re: Illegal Subdivision of Lot 1, Block 1, KILLARNEY HILLS SUBDIVISION, a portion of Tract R, U.S. Survey 3218, Kodiak, Alaska, as shown on Plat 68- 13 Our file 4702-1059 Dear Mr. Baldwin: This firm serves as general counsel to the Kodiak Island Borough ("KIB"). In that capacity I was asked to review your letter of August 6, 2009 to Duane Dvorak, Associate Planner with the KIB regarding the above described real property: Under Alaska law (AS 40.15.010) any proposed subdivision of land within our borough is to be submitted for approval to the KIB.' In relevant part, state law defines a subdivision as "the division of a tract or parcel of land into two or more lots" (AS 40.15.900(5)(A)). As your letter acknowledges, in April 1978 Kodiak Associates acquired title to the property. An illegal subdivision of the property occurred less than a week later when Kodiak Associates, by means of a quitclaim deed, conveyed a portion of the property to Forest Investment Corporation. Then, in 1979, by means of a warranty deed, Forest Investment Corporation conveyed that portion of the subject real property to Kodiak II Associates. Copies of these deeds are enclosed. However, because there was no subdivision of Lot 1 approved by the Kodiak Island Borough, this was an illegal subdivision. Your letter does not, however, admit the illegal subdivision. The KIB prefers to resolve this without litigation. Your letter suggests that the current owners of the subject property jointly execute a single vesting deed which will convey title to the entire parcel (as described above) to your company. 'While this is a bit unorthodox, it is an effective means to remedy the illegal subdivision. S6, solely in the interest of resolving this dispute, the KIB will hold this matter in abeyance until the close of business on March 31, 2010. If, before that date, the single vesting deed has been properly recorded, then the KIB will consider this matter resolved. August 19, 2009 Page 2 of 3 If the deed has not been recorded, then by that date, the current owners must present to the Community Development Department ("CDD") of the KIB a preliminary plat of the proposed subdivision in accord with the borough code. Before doing this they should speak with staff in the CDD to assure that the preliminary plat Is in the appropriate form. They will also need to diligently pursue the final approval and recording of the, plat. After that has occurred, they will need to prepare and record a corrected deed which, in the legal description of the property, refers to the newly recorded plat. It is the intent of this letter to encourage all parties to begin the process promptly and then to pursue it diligently until all tasks have been accomplished. In the event neither the deed has been recorded nor the preliminary plat filed by the close of business on March 31, 2010, the KIB will assume that this proposal was rejected. At that point the KIB will then file a lawsuit against the property owners to seek the injunctive and monetary relief mentioned in KIB Code section 16.10.030, a copy of which is also enclosed. In all likelihood, the court will order a proper subdivision of the property. As alternative relief, the borough may ask the court for the authority to accomplish the subdivision along the lines of what was recorded in 1979 (assuming it otherwise meets the borough's subdivision requirements) and award the borough a judgment against the owners for the penalty plus all costs and fees associated with doing so. In the event it is not possible to accomplish the subdivision, we will ask the court for an order declaring any deeds of less than all of Lot 1 to be null and void as well as a judgment for the penalty plus all costs and fees. As part of the lawsuit and while it is pending, the KIB will cause to be recorded a lis pendens. This lis pendens will basically be a lien on Lot 1. Furthermore, any judgment will also be recorded and it will serve as a lien on ALL real property the defendants may own in the borough. Lastly, relative to the lawsuit, Alaska law allows that prejudgment interest on the monetary award will start from the date of this demand. trust that you and the current owners will elect to avoid the threatened litigation. I encourage this course of. action. If you have any questions or need additional information, please do not hesitate to call. Sincerely yours, JAMIN LAW OFFICE (‘ 4„...2Sr Alan L. Schmitt August 19, 2009 Page 3 of 3 cc: Duane Dvorak w/o enc. Kodiak Associates, w/ enc., by certified mail 10655 NE Fourth, Suite 805 Bellevue, WA 98034 Forest Investment Corporation, w/ enc., by certified mail 314 108th Avenue, N.E. Bellevue, WA 98004 Kodiak II Associates, w/ enc., by certified mail c/o Forest Investment Corporation 314 108th Avenue, N.E. Bellevue, WA 98004 S:\WP\CLIENTS\470211059 Allied Pacific Illedal Subddetter allied 1.wpd Date: Department: Firm: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us AUTHORIZATION TO REQUEST LEGAL ASSISTANCE August 7, 2009 Community Development Department Jamin Law Office 323 Carolyn Street Kodiak, AK 99615 (907) 486-6024 (907) 486-6112 (FAX) Description of Request: Provide legal assistance to the Kodiak Island Borough Community Development Department to determine appropriate manner in which to recombine Tots that were illegally subdivided by deed in 1978. Background Summary: The attached letter summarizes the proposal of Allied Pacific Development to redevelop the Fir Terrace housing complex. Because the project is divided into to two separate ownership vehicles the developer is obtaining two separate funding packages in order to make the project viable. Once the project is completed however the developer agrees to merge the property into single ownership. We have agreed in principal to allow time for this to happen as a time delay does not appear to lessen the borough's ability to enforce on this long standing matter. Our main question pertains to the appropriate method of merging the ownership. We have suggested that a re -subdivision process would be appropriate because that's the process spelled out in borough code. They have proposed a merger by deed as described in the attached letter. We are reluctant to approve this methodology without legal review because it falls outside of borough code and staff experience. Your expedited review and guidance on how best+to proceed would be greatly appreciated. If you have any questions, or need additional information, please call Duane Dvorak, Associate Planner at 486-9362. Requesting Staff Borough Manager Department Head Cc: Borough Clerk 'Kodiak' Island Borou6Ii7Alaska PROPERTY 15279 Legal Description KILLARNEY HILLS BK 1 LT 1 NE PTN R1180010011 SITUS 2610 MILL BAY RD KODIAK, AK 99615 PROPERTY APPRAISAL INFORMATION 2olp _ , Entities OWNER ID KODIAK ASSOCIATES 1 i00% 10527 C/O LEGACY MGMT GROUP, LLC 100 100% 11627 B AIRPORT RD CITY 100% OWNERSHIP EVERETT, WA 98204 US 100.00% ACRES: 1.3600 1111111111191 11 HI E 1111 APPR VAL METHOD: Cost Values IMPROVEMENTS LAND MARKET MARKET VALUE PRODUCTIVITY LOSS - 1,114,300 266,600 1,450,900 0 APPRAISED VALUE = 1,450,900 HS CAP LOSS 0 ASSESSED VALUE = 1,450,900 GENERAL + UTILITIES LAST APPR. TOPOGRAPHY LAST APPR. YR ROAD ACCESS LAST INSP. DATE ZONING R3 NEXT INSP. DATE NEXT REASON REMARKS 71 r BS 2007 09/15/2006 ' ‘ k..... -E BUILDING PERMITS , ISSUE DT - PERMIT TYPE PERMIT AREA -ST. -PERNIIT VAL 04/15/2004 CALT 0 A 2,932 12/27/1985 RALT 0 A 0 ALE DT PRICE " GRANTOR " DEED INFO' ' No Sketch Available i EXEMPTIONS SKETCH COMMANDS -11 I-SUBDi KILL 100.00% NBHD:KOD 100.00% IMPROVEMENT INFORMATION _ ; 1 IMPROVEMENT FEATURES :j ---. _ .-- j TYK DESCRIPTION MTHD LA AREA UNIT PRicEuNrTS Ma EFF YR COND. VALUE DEPR PHVS ECON FUNC COMP ADJ ADJ VALI IF CONCPConcrete Pay R 05/ .0 0.00 0 0 ASPHL Asphalt Pavi R 05/ .0 0.00 0 0 WDFENWood Fencing R 057 .0 0.00 0 0 1. RESIDENTIAL STCD: 0.0 Homesite: N 0 100% 100% 100% 100% 100% 1.00 100% 100% 100% 100% 100% 1.00 100% 100% 100% 100% 100% 1.00 1,184,300 (Flat Values) 1 r-SUBD(KILL - - 100.00% ' NEHD:KOD — 100.00%-- - — - - ----LAND inwoRmgriON — iiiii was: 6. --c-a3Wri,: o IRR Acres: 0 Oil Wells: 0 EFF. ACRES: 1.0000 - - — - i LE DESCRIPTION CIS TABLE SC HS METH DIMENSICM UNIT PRICE GROSS VALUE ADJ MASS ADJ VAL SRC MKT VAL AG APPLY AG CLASS AG TABLE AG UNIT PRC AG VALUE', l 1. MFR R3 Al N 1.3600 AC .00 1.00 1.00 F 266,600 NO 0.00 0 MFR 266,600 0, , .... .. Paeg1 of 1 Effective Date of Appraisal: January 1 Date Printed: 06/05/2009 10:25:16AM by ASCLR2 True Automation, Inc. Borough. fl.flr; PROPERTY 15278 Legal Description KILLARNEY HILLS BK 1 LT 1 SW PTN R1100010010 SITUS 2610 MILL BAY RD KODIAK, AK 99615 PROPERTY INFORMATIONaq Entities OWNER ID KODIAK ASSOCIATES 1 10526 C/O LEGACY MGMT GROUP, LLC 100 116275 AIRPORT RD CITY EVERETT, WA 98204 US OWNERSHIP 100.00% ACRES: 1.1200 1 1111111 IDUIIDhIIIII1 Vie 100% IMPROVEMENTS 100% LAND MARKET WO% MARKET VALUE PRODUCTIVITY LOSS APPRAISED VALUE HS CAP LOSS 1,069,000 205,800 1,274,800 0 = 1,274,800 - 0 APPR VAL METHOD: Cost ASSESSED VALUE = 1,274,800 GENERAL UTILITIES LAST APPR. BS TOPOGRAPHY LAST APPR. YR 2007 ROAD ACCESS LAST INSP. DATE ZONING R3 NEXT INSP. DATE NEXT REASON 1 REMARKS 1 I c 1.\--r-: BUILDING pERMITS _ _ ISSUE DT - PERMIT TYPE PEFIMIT AREA ST PERMIT VAL-- 04/15/2004 CALT 0 A 2,932 12/27/1985 RALT 0 A 0 i i — ... CSALEDT PRICE GRANTOR DEED INFO —1 _-- _ 1 ! 1 _ . .. . ... . 1 [SUBD: KILL — -100.00% -.NEHD!KOD*1 100:00% IMPROVEMENT INFORMATION ......1 ; -- J/ TYPE DESCRIPTION MTHD CLASS/SUBCL, ARE g UNIT PRICEUNIT$ BM T EFF YR GOND, VALUE DEPR PHY5, EGON FDNC COMP ADJ ADJ VALUE , R RES 1 069 000 100% 100% 100% 100% 1.00 1,069,000 ' 1. RES STCD: MFR 0.0 Homesite: N 1p69_,000 (fiat Values) 1 SKETCH COMMANDS IMPROVEMENT FEATURES 100:00% NBHD:KOD — 100.00% ----- LAND INFORMATION, IRRWells: 0 COWRY 0 Oil Wells: 0 EFF. ACRES: 11666: 1 SUBD: KILL: — IRR Acres:0 IA DESCRIPTION ELLE ISLE 5..Q ta METH DIMENSIONS UNIT PRICE GROSS VALUE eiDJ MASS ADJ VAL. SRC MHT VAL /5.G APPLY AG CLASS AG TABLE AG UN FT PRC AG VALUE 1. MFR R3 Al N .00 1.00 1.00 F 0.00 0, 1.1200 AC 205,800+ NO MFR 205,800 Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 08/05/2009 10:25:05AM by ASCLR2 0 True Automation, Inc. Kodiak Island Borough serving the people of Kodiak Island ate '"!e surrounding area Kodiak Island Borough Serving the people of Kodiak Island and the surrounding area Home Search Again Property ID R1180010010 Last Name KODIAK ASSOCIATES First Name LegalDescriptionKILLARNEY HILLS BK 1 LT 1 SW PIN Street Address 2610 MILL BAY RD Tax Code Area _ 1 School District KISD Exempt Code Zoning Type R3 Property Use MFR Mailing Address C/0 QUALLITY MGMT INC PO BOX 778 MERCER ISLAND, WA 98040 Land Value 205800 Misc Value 0 Building Value 1069000 Total Value($) 1274800 This information is current as of July 2006 View this property on a map Copyright 2003 - Kodiak Island Borough Page 1 of 1 http://real.kodiakak.us/property.php?propnum=R1180010010 8/5/2009 Kodiak Island Borough, _ gerving the people of Kodiak Island ai'' "•te surrounding area Page I of 1 Kodiak Island Borough Serving the people of Kodiak Island and the surrounding area Home Search Again Property ID R1180010011 Last Name KODIAK ASSOCIATES First Name. Legal Description KILLARNEY HILLS BK 1 LT 1 NE PTN Street Address 2610 MILL BAY RD Tax Code Area 1 School District KISD Exempt. Code Zoning Type R3 Property Use MFR Mailing Address C/0 QUALITY MGMT INC PO BOX 778 MERCER ISLAND, WA 98040 Land Value 266600 Mist Value 0 Building Value 1184300 Total Value($) 1450900 ThIs Information is current as of July 2006 View this property on a mar; Copyright 2003 - Kodiak Island Borough http://real.kodiakak.us/property.php?propnum=R1180010011 8/5/2009 CRITERION GENERAL, INC. 45747 Record#: Check#: Date: Description: Amount: Vendor#: Payee: Address: 8975 45747 08112/2009 ZONING COMPLIANCE PERMIT 1,060.00 0 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD, RM 205 KODIAK AK 99615 BUILDING DEPARTMENT - KODIAK. ISLAND 'BO (APPLICANT. TO' FILL IN ALL INFORMATION WITHIN HEAVY EffiES. H APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY PLEASE PRINT, USE BALL-POINT PEN, .AND PRESS FIRMLY.) BUILDING PERMIT NUMBER DATE ISSUED SUBDIVISION/SURVEY („. .)( 1,3 CLASS AND SCOPE OF WORK NEW DEMOLISH LOT NO: BLOCK NO. ALTERATION REPAIR 42 ADDITION MOVE STREET ADDRESS USE OF BUILDING `t-) /(/ VALUATION: (BASIS). BLDG PERIVI'IT FEE , SIZE OF BUILDING HGT- NEAREST CROSS STREET NO. OF ROOMS FLOORS NO, OF FAMILIES a , o NAME NO, OF BUILDINGS NOW ON LOT AMOUNT PLAN CHK FEE TOTAL: USE OF BUILDINGS INSPECTION SCHEDULE MAILING ADDRESS -SIZE OF LOT BUILDING PLUMBING ELECTRICAL NATER: PUBLIC PRIVATE CITY, STATE TELEPHONE SEWER: PUBLIC PRIVATE FOUNDATION FRAME ._ ROUGH SEPTIC TANK SPECIFICATIONS PLASTER/BD SEWER ji j U Z NAME FOUNDATION EXT PIERS FLUES GAS ROUGH 'FINISH FIXTURES MOTORS TYPE FINAL FIN ISH FINAL ADDRESS DEPTH IN GND HGT FIN GRADE CITY, STATE P.T. PLATE (SILL) EACH OF THE ABOVE INSPECTIONS MUST BE REQUESTED AND THAT WORK APPROVED PRIOR TO ANY ADDITIONAL WORK PROGRESSING BEYOND THAT POINT, AS REQUIRED BY UBC SECTION 305, FOR EACH INSPECTION, 24 HOURS NOTICE IS REQUIRED. TELEPHONE THE KODIAK ISLAND BOROUGH ENGINEERING DEPARTMENT, 486-5736, EXT. 273. STRUCTURAL SIZE SPA. SPAN STATE LICENSE NO. GIRDERS JOISTS 1ST FLR. NOTES: INSTALLATION OF (MINIMUM) IS -INCH BY 20 -FOOT CULVERT 15 REQUIRED AT EACH DRIVEWAY ACCESS TO THE PROPERTY. NAME r, - JOISTS 2ND FLR. JOISTS CLG ADDRESS EXT STUDS INT STUDS SANITATION PLAN APPROVAL BV AN ADEC-CERTIFIED INSTALLER IS REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT WHERE PUBLIC WATER AND/OR SEWER IS NOT AVAILABLE FROM A CERTIFICATED MUNICIPAL SYSTEM. INSTALLER'S PLAN APPROVAL RECEIVED INSTALLER 'CITY, STATE t<V: ROOF RAFTERS TRUSSES STATE LICENSE NO, BEARING WALLS INSULATION, FNDN (FOR OFFICE USE ONLY: CIRCLE) 1. OCCUPANCY GROUP A BEHIM DIVISION 2 3 4 5 2: TYPEOF CONSTRUCTION FR -HR.) N H.T. 1 WALLS ROOF/CLG SHEATHING, WALLS/EXT ROOF FLOOR PRIOR TO THE ISSUANCE OF A PERMIT, EITHER THE OWNER OF THE PROPERTY OR HIS AUTHORIZED AGENT MUST SIGN THIS APPLICATION OR GRANT OTHER WRITTEN PERMISSION FOR THE DESCRIBED WORK TO BE PERFORMED. TAX LOT NO DATE OWNER PER OWNERSHIP TRANSFERRED, IN PROCESS, TO: FINISH, EXT WALLS ROOF FLUES, FIREPL WOOD HTR KITCHEN WATER HTR FURNACE, TYPE I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION, THAT IT IS CORRECT, AND THAT 1 AGREE TO COMPLY WITH ALL ORDINANCES AND LAWS REGULATING BUILDING CONSTRUCTION. APPLICANT CLOSING DATE, DEED RECORDED • PER (BY) APPROVED, BUILDING OFFICIAL PLOT PLAN (A SITE PLAN MAY ALSO BE REGUIRED) REAR PROPERTY LINE 0 FRONT PROPERTY'LINE SIDE PROPERTY LINE STREET NOTE: APPLICANT SHALL SHOW BUILDING SETBACKS FROM PROPERTY LINES, AS PERPENDICULAR DISTANCES FROM PROPERTY LINES TO BUILDING. DIMENSIONS OF . STRUCTURE SHALL BE SHOWN ON THE PLAN. - ZONING CODE COMPLIANCE ZONING DISTRI T TYPE OF OCCUPANCY NO. OF STORIES TOTAL HGT AREA OILOT SETBACKS FROM‘pROPERTY LIN S: ' FRON REAR ".„..., SIDE 1 ;REQ'D OFF-STREET PARKING IDE C.U.P. VAR;A`NIC APPROVED/ZONING OF // "// BY • KODIAK ISLAND BOROUGH December 14, 1982 Ms. Diane Behm Box 549 Kodiak, Alaska 99615 Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 RE: Murphy Way Road Right -of -Way Dear Ms. Behm, I write regarding the ongoing use of the Murphy Way Road right-of-way for parking of and maintenance on vehicles owned by some of the tenants residing at the Fir Terrace Apartment Complex. Please be advised that the use of a dedicated road right-of- way for private purposes violates adopted State, Borough and City ordinances. Attached for your records and information is a copy of a letter sent to Mr. Bryce Gordon from Mr. Dean Morton of the Forest Investment Company. Paragraph three of this letter states that a "no parking" sign will be put up along Murphy Way and the Manager (of Fir Terrace) will instruct the tenants that parking along Murphy Way will not be permitted. This department asks that you remind your tenants thatthe use of Murphy Way for parking and maintenance of vehicles is not permitted. If resolution of this problem can not be accomplished through this means, please advise your tenants that the Borough will impound any vehicles utilizing this right-of-way. Thank you for your assistance on this matter. If you have any questions, please do not hesitate to call on us at 486-5736. Sincerely, William R. Hodgins Zoning Officer Community Development Department CC: V-81-021 Fir Terrace File -- FOREST INVESTMENT CORPORATION 314 108th Ave. N.E.. Bellevue. WA 98004 (206) 454-8433 May 24, 1979 Bryce Gordon, Building Official Kodiak Island Borough P.O. Box 99615 Kodiak, AK 99615 Dear Mr. Gordon: FIR TERRACE APARTMENTS - KODIAK, ALASKA - JOB #100 I would like to take this opportunity to respond to your letter of May 18, 1979, and to thank you for the cooperation our Field Superintendent, ,George Varner, has received from the people of Kodiak. Since this project in Kodiak was my first building experience in Alaska, I know you will understand when I say, "It certainly is not like building on the other side of Seattle." I also would like to add that Forest Investment Corporation, with assistance from Farmers Home Administration, was very pleased to find our type of housing was so desperately needed by the families of Kodiak. In response to your request, I have instructed George Varner to. (1) commence work on the fence for Phase I immediately, (2) post a "No Parking" sign along Murphy Way and (3) instruct the manager to notify the tenants that parking will not be permitted on our property along Murphy Way. 1 plan to be in Kodiak the last week of May to meet with land- scaping contractors and, as you know, it will be to everyone's advantage if subcontractors with work to perform on both Phase I and Phase II (i.e. asphalt and landscaping) can schedule their work to be done at one time. On May 23, the day that followed the granting of the variance, a meeting was held in the Office of Planning and Development, which included our Architect, Mr. Gene Kizer, an official of the Planning Department, Mr. Lutena Mulitalo, his secretary, and myself. All the conditions of the granting of the variance were discussed in detail and it was unanimous that if the second phase followed immediately, overlapping subcontractors would be allowed. 1 Mr. Bryce Gordon 'May 24, 1979 Page 2 It is my wish that Forest Investment Corporation provide a needed service to the community with as little disruption as possible. IfI can be of service, please notify George Varner atthe job site or call our office in Bellevue at (20E) 454-8433. Sin ely DEAN MORGAN Project Manager DM/lr cc: Gene Kizer George Varner KODIAK ISLAND BOROUGH MEMORANDUM DATE: December 14, 1982 TO: Will Walton, Director of Community Development FROM: Bill Hodgins, Zoning Officer RE: Fir Terrace Apartments Attached please -find the only references made to the parking along Murphy Way from the contents of this department's case files for this project. It appears from this letter that the subject of illegal parking on Murphy Way was a concern of the Planning and Zoning Commission and Borough Building Official. To the best of my recollection the no parking sign has been (was) erected near the corner of Murphy Way and Mill Bay Road. If there is anything else I may do for yourregarding this matter, just let me know. CC: Case 81-021 Fir Terrace File WRH/jmj KODIAK ISLAND BOROUGH MEMORANDUM DATE: September 27, 1982 TO: Phil Shealy, Borough Manager FROM: Bill Hodgins, Zoning Officerjt ' THRU: Will Walton, Director )of Community Development RE: Fir Terrace landscaping requirements. Please be advised that the required landscaping items for the Fir Terrace Apartment complex have been completed per the Planning and Zoning Commission's stipulations. My on-site inspection yesterday showed that the grass seed has been planted and is doing quite nicely. Also the trees have been planted and appear to be doing well. If more information is needed on this matter, please let me know. CC: Case 81-021 WRH/jmj KODIAK ISLAND BOROUGH MEMORANDUM DATE: March 30, 1982 TO: Will Walton, Director of Community Development FROM: Bill Hodgins, Zoning Officer RE: Fir Terrace Apartments fence Please be advised that Mrs. Behm was contacted today conderning the needed fence repairs at Fir Terrace. She said that this work will also be accomplished as soon as the weather (and ground) are conducive to do so. CC: Borough Manager Fir Terrace File Misc. Investigation File WRH/jmj KODIAK ISLAND BOROUGH MEMORANDUM DATE: March 18, 1982 TO: Will Walton, Director of Community Development FROM: Bill Hodgins, Zoning Officer RE: Fir Terrace Landscaping Requirements Pursuant to our search for the responsible party involved for providing the stipulated landscaping requirements for the Fir Terrace Apartment Complex, please be advised that Mr. Richard Behm stopped by the office today and presented to me a price quote for landscape work to be performed by Strawberry Fields Nursery (Copy attached). Mr. Behm also stated that he was going to repair the wheel stops in the parking area, as we requested. Mr. Behm stated that the list of "exotic" trees mentioned in my letter dated February 17, 1982 could not be economically shipped to Kodiak. He requested that Fir Terrace be allowed to change these trees to those of local species, but the total number of trees would stay the same. I indicated to him that this would pose no problem with us. If this is not the case, please advise me accordingly and I will relay this information to Mr. Behm. I will have to contact Mr. Behm again anyway as the request to repair the fencing surrounding this property was not mentioned (by my oversight) in my letter of February 17, 1982 (Copy attached) If you need any more questions answered or more information con- cerning this matter, please let me know. CC: Borough Manager Fir Terrace File Violation File STRAWBERRY FIELDS. NURSERY 1,4 .486-3339 Box 1661 Located at Bell's Flats Kodiak, Alaska 99615 October 28, 1981 Price quote for landscape work on Fir Terrace Apartments, Kodiak, Alaska: Lawn for: Central yard area = $1625 South back yard area = 2300 North back yard area = 1417 East back yard area = 770 • Barkmuich for beds price quote is: $7.00 per bag for, 2 cuft bags. • The beds need at least 50 bags. Conditions:,lawn should be installed only between June 15_and August 15 for desirable results. .Payment will be 50% upon completion of installation. The remainder will be due 30 days after project is completed and grass seed has germinated. Management personnel of Fir Terrace will be responsible for watering lawn and traffic control across new lawn. c-r96e " /07-#.1t- /0.04T01/0,44f'4/75 06;e. Lorne E. White Owner,Operator rKODIAK ISLAND BOROUGH x/86 ��G y8 CERTIFIED RETURN RECEIPT REQUESTED February 17, 1982 Ms. Diane Behm Fir Terrace Apartments Box 549 Kodiak, Alaska 99615 Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 RE: Fir Terrace landscaping requirements Dear Ms. Behm, Ata recent Kodiak Island Borough Assembly meeting a question arose as to whether or not the required landscaping for the Fir Terrace Housing Project, Kodiak, Alaska was completed according to the submitted and approved landscaping plan, drawn by W.E. "Gene" Kizer. We have investigated this question, and determined that the amount of plant material indicated on the landscaping plan does not coincide with that actually present at the project site. We need to know your time schedule for completion of the re- quired landscaping. The following list presents the situation: ITEM ACCORDING TO # APPROVED # PRESENT AT SITE ON IN THE PLAN 7/10/81 Kenai Birch 29 0 Sitka Alder 5 0 Sitka Mountain Ash 6 0 Arctic Willow 34 0 Further information is also requested pertaining to the maintenance of the parking area, particularly the wheels stops for the parking spaces. Some of these wheel stops have been removed or otherwise been damaged due to improper parking of vehicles and vandalism. Your time and assistance on this matter are appreciated. If we can be of any assistance to you, please feel free to call on us Sincerely, 7/ William R. odgins Community Development Department Zoning Officer CC: Phil Shealy, Borough Manager ****************************************************************************** .* PRINT KEY FROMr%i *.*****�*�*******�*********�*** ** BY USER-BILLH 07/31/81 • '.14.56.,63' ** ** *********************************************** PROPERTY TAX INQUIRY ATER PARCEL NUMBER: R11.8O010010 TATU%: A LEGAL DE%CR7PTION! ZONE: • USE: . KTLLARNY HILL% LOT i BLK i N/E PT , &�NER i�, KODIAK A%SOCIATE% II ER,2: \DDR i:' 314 108TH AVE N.E. ADDR 2: BELLEVUE � STATE: WA' ZIP CODE: AND/ 'ER%ONAL VALUE: 000075620 IMPROVEMENT'S: )%%E%% CHG DATE: 0i0181 BLDG %Q FOOT: 98004 000919925 TOTAL VALUE: 000995545 000010656 LAND (FT) (AR): F LAND: AREA: /OAT LENGTH; 000 0.1081.*0 YEAR BUILT: 0O00 <CMD L � / x **********.*****************************************xx»************************* ** , � � ** ` PRINT KEY -M_�i�-� ' ' BY\]%ER-B^B.Ll ' O -7/3i/8 , i5:0i^25 )�� -� -_-`` � � /.� °' PROPERTY TAX INQUIRY ' ENTER PARCEL NUMBER: R1180010011 ZONE: USE : %TAT�� A 1EGAL RIPTION� ^ KILLARNEY HILL% LOT • i BLK i % - . -�-- _-' �'. � � ° ^. ` . OWNER'i: .�KO DIAK ASSOCIATES: ` ER'2� ADDR �i� 314 1O8TH AVE NE %UITE600 ADDR ?� } . --+� . � / PERSONAL BELLEVUE • %TA4F,E:. WA - - - ASSESS- CHG DATE: 0101.81 ZIP CODE: 980O4 ^. , -- - ' ��J ,ROVEMENT%� OOO799875 . TO."^ BLDG %Q FOOT: 000000000 LAND (FT) (AR): - . ( :LAND. AREA �0\)OOOOO()` ' ~ ` '| • <CID. / |O BOAT LENGTH: 000 YEAR BUILT: • OOOO KODIAK ISLAND BOROUGH MEMORANDUM DATE: August 14, 1981 TO: Ed Haney, Borough Assessor FROM: Bill Hodgins, Zoning OfficeraP RE: Correct address for Kodiak Associates II Please be advised for your records that this is the correct address for Kodiak Associates II: Kodiak Associates II; 1027 NE 4th Avenue Bellvue, Washington 98004 The local address for this organization is : Box 549, Kodiak, Alaska 99615. CC: Gladys Berestoff, Assistant Assessor Sue Clark, Assessing Clerk Terrace File KODIAK ISLAND BOROUGH MEMORANDUM DATE: August 14, 1981 TO: Fir Terrace File FROM: Joanne Jones SUBJ: Address change for Kodiak Associate§ On July 15, 1981, Bill Hodgins wrote a letter to Kodiak Associates on the landscaping requirements on Fir Terrace Apartments. The letter was returned twice to the Kodiak Island Borough as the address was incorrect. .On August 14, 1981, Mr. Hodgins called the Fir Terrace Office Manager in Kodiak to get the new address of Kodiak Associates. Mr. Hodgins also sent a.memorandum to the Kodiak Island: Borough Assessing Department to inform them of the address change. CC: Kodiak Associates -II KODIAK ISLAND BOROUGH July 15, 1981 Kodiak Associates II 314 108th Avenue NE Suite 600 Bellvue, WA 98004 Dear Sir: Telephones 486-5736 - 486-5737 — Box 1246 KODIAK,_ALAS/KA 99615 JUL 91 RE: Fir Terrace Landscaping Requirements - At a recent:Kodiak Island Borough Assembly meeting a question arose as to whether or not the required landscaping for the Fir Terrace Housing project, Kodiak, Alaska was completed according to the submitted and approved landscaping plan, drawn by W.E. "Gene" Kizer. We have investigated this question, and determined that the amount of plant material indicated on the landscaping plan does not coincide with that actually present at the project site. We need to know your time schedule for completion of the re- quired landscaping. The following list presents the sitation: ITEM ACCORDING TO # APPROVED # PRESENT AT IN THE PLAN SITE ON 7/10/81 Kenai Birch 29 0 Sitka Aider 5 0 Sitka Mountain Ash 6 0 Arctic Willow 34 0 Further information is also requested pertaining to the maintenance of the parking area, particularly the wheel stops for the parking spaces. Some of these wheel stops have been removed or otherwise been damaged due to improper parking of vehicles and vandalism. Your time and assistance on this matter are appreciated. If we can be of any assistance to you, please feel free to call on us. Sincerely (fr Villiam R. Hodgins Community Development Department Zoning Officer CC: Philip Shealy, Manager WAW/WRH/jmj 1(0131 IC ISIAND 130110-OG1i 'Box 1246 'Kodiak., Alaska, 99615 MOVED LEFT , -;•.! NO ADDRESS 'IA 44- -•"' \ODIN( i\SSOC; MEE, 314 A08-0 I\ EWE NE, su'“E 6E1.00, VI 98004 •-• 1/4 • ------ iit',1 \ '• ''' ,.' '.*. '..', **; .1 'C'it'l*ti.',.. ******************************************************************************* * * * � '^� r� `` ' ^ ** � ' �. ******************************************************************************* PRINT KEY FROM -Si BY USER- IL--- --07/3�/8�----��5��O3- ** .��'�� :'.-:PROPERTY TAX INQUIRY NTER PARCEL NUMBER: Ri180010010 ZONE: /� . 'TA S ` LEGALDE�CRIPTION� ` MNERA':- KODI ASSOCIATES USE: <ILLARNY HILL% LOT 1 BLK i-N/E PT OWNER 2:• ' . ,. /DDR i:` 314 108TH AVE N.E. JTY: BELLEVUE . STATE: ADDR = WA ZIP CODE: 98004 • AND/ EB%ONAL VALUE: 000075o IMPROVEMENTS: 000919925---TOTA[_VALUE:---000995545--- /SSE%S CHG DATE: 010181 BLDG %Q FOOT: . ` . .` �LAND AREA�- :OAT LENGTH: 000 YEAR BUILT: 0000 000010656 LAND (FT) (AR): F 010819900 (CMD'7-TO-END> . PROPERTY TAX INQUIRY � � U%E� ENTER PARCEL NUMBER: Rii800100ii ZONE: ""^ STATUS: A LEGAL DESCRIPTION: KILLARNEY HILLS LO--1: B[Cf-S7W'PT-* OWNER i: KODIAK OCIATE% OWNER 2: ''-'--�E � --ADDR 2 ADDR i� 3i4 108TH AVE � SUITE -67A- ELLEVUE-___ %TA'TE: WA ZIP CODE: 98004 --LAND/VALUE: 000--:'��-2�� IMPROVEMENTS: '-0�0O799875 TOTAL VALUE: 000891700 PERSONAL� AS%E%% CHG DATE: 010181 BLDG %Q FOOT: 000000000 LAND (FT) (AR): LAND AREA: 000000000 BOAT -LENGTH: 000 YEA :;: Ii`r:� 0000 ��, ,'', � TCMD-7-TO END KODIAK ISLAND BOROUGH MEMORANDUM DATE: July 7, 1981 TO: Will Walton, Director of Planning FROM: Bill Hodgins, Zoning •OfficerA 0:— RE: Fir Terrace Landscaping Stipulations Z-78-045) Attached are all pertainant materials concerning the Fir Terrace Apartment complex.. A brief history of the case is as follows: 1. May 17, 1981 - variance tabled pending further information from Planning Department concerning a covenant on the land. 2. May 18, 1978 - variance passes with 11 stipulations related to landscaping and drainage. 3. September 26, 1978 - letter by City Engineer stating grading and drainage performed by Forest Investment Company has "greatly" improved the drainage of this site. Page 7 of the May 18, 1978 Planning and Zoning Commission minutes has been penciled in with ok's beside each stipulation. The handwriting of these ok's appears to be Mr. Bryce Gordon's, these "sign offs" were never verified or put in writing. ty 1L September 26, 1979 SUBJECT: Fir Terrace Apartment Complex, Kodiak, Alaska (Forest Investment Property) TO WHOM IT MAY CONCERN: - On September 25, 1979, the City Building Inspector and I inspected the grounds of the Fir Terrace Apartment Complex. As of that date,all site grading and drainage work had been completed. It was noted that perf- orated pipe had been installed along the east boundary of the property. The work done by Forest Investment Corporation has greatly improved the natural drainage of the construction site and has virtually eliminated all ponding of storm water. Since , 7- ohn C. Staff( City Enginee JCS/lr P.E. POST OFFICE BOA 1397, kODlk ALASKA 99615 PHONE (907) 486-3294 P & Z continued Page 3 4r. Anderson aMendeddlemotion to read as follows To dedicated street from Alderwood Subdivision to the end of 'loch 1 & 2 including the cul de sad, with inspection rights to the City to inspect the -,.ond, sewer and . - water lines. Mr. Anderson's main motion should reflect to City standards instead of florough or City standards Mr. ?erez approVed amendrent. Motion passed with unanimous roll call vote. - B. . 'ZONING 1: Special Exception for duplex townhouses in an unsubdivided portion of USS 1396, Elderberry Heights (portion) 2.083 acres, 10 lots. (L. Grothe). ' Mr. Milligan stated that duplex town houses or zero lot line -development is a new concept. Under this concept the individual owns half ofthe dwelling trait'and half of the lot the building sits on. It does rot change the , character in terms of uses allowed in zoning district. - Also it does rot allow a greater density. _The Chai-cman closed the regular meeting and opened. the Public Hearing. W'. FRUCE MASSY ilnlike a con:lominium, there is no home owners agreement. Each unit has a strong conveyance and is enforceable by the neighbor. All utilities will be underground an each unit. • MR. NI3 SHOCKLEY: Local housing contractor stated that the main problem in Nodiak in building and development is land, sewer and water. The Chairyan closed the Public l!earing and opened the regular meeting. Mr. Ball moved to grant a special exception for duplex townhouses in an unsubdivided portion of USS 1396, known as Elderberry Heights and grant a variance from required Section 16.20.050 and 17.12.030 of NIB Code of -Ordinances. Also the following 4 conditions -to meet the variance: The intended use will provide two advantages to .the community, 1. (P)Reduction in cost to the buyer as a decided advantage, (5) It Will not change the 'appearance, permitted density or characteristic of theneighborhood. No hardships would he created or adverse effects be imposed upon the surrounding area. 3. We find no detrimental or prejudicial impacts will result from granting this variance. 4. Granting this variance will not be inconsistent with the Comprehensive Plan as the densities allowed will not change. Mr. ?ugh seconded the motion. Motionpassed with. unanimous roll call vote. 1 Variance to permit more than one principal dwelling structure in an R-3 (multiple family) zoning use district, Lot 1, Block 1, Killarney Hills Subdivision, 4 structures, 2.48 acre i (rofest Investment). -Mr. .Milligan stated that the applicant has adequately met the variance requirements as set forth in Section 17,66.090 (b) of the KIB Zoning Ordiance, The Chairman closed the regular meeting and opened the Public Hearing. FOR N7. GENE. KIZER . Architect for the development, stated that the project meets the criteria set up by Farmers Home Administration. Mr. sizer also' stated that when the project is completed it will add up to in excess of .$2,000,0.00 to the tax base. Even though it is financed by FUA it is still a tax paying' project. AGAINST MRS. HEM MEUNIER. Owns property in Eillarney Hills and questioned the adequacy of water and sewer lines 'to service this development and 3 schools. Mrs. Meunier also stated that at the time of purchase property owners in in Killarney Hills Subdivision received .a copy of a covenant from the Archdiocese in Anchorage. MR, TOM CURLY. Mr. Curly lives on Lot 2 and is concerned with the following: parking, traffic flow, taxes and low income hblising. FATHER BATES. Present pastor of 2t. Marys pd was not aware of the cov- enant. ',MR. HENRY mEwma. Feels the Church was trying to- enforce the covenant. ' — - •.. "“.., • 14444.4, . •,444.4444•444,,,,,44.!...7e4.47, & Z continued Page 4 ...... MR. D7AN MORGAN, Stated that he vas not awar of the covenant. , . , ' The Chairman closed the :''ublic T:enring and opened the regular meeting. Yr. ',.'uh moved. to postpone any ,jecision on this case until such time the Commission gets a report from the nanqing r',epartment as to the status ,of the covenan - on this property. Mr. Anderson .seconded the motion. Motion passed 5 to 1 with Mr. Busch casting :o vote. The Chairman recessed the meeting at 11:15 p.m. to be continued on May.. . 18, 1978, at 7:30. p.m. . , I. CALL TO ORDER The continuation of the regular meeting of May 17, 1973, of the P & Z CommisSion was brought to order on May 18,:1973, at 7:30 p.m. by the Chairman, Mr. Dan. Busch. II. ROLL CALL PRESENT •-• Mr. Dan Busch, Chairman Mr. Phil Anderson Mr. Ron Ball Mr. Gene Erwin Mr. Tony Perez Mr. John Pugh Nr. Don Baker. Quorum was established. There were approximately63 citizesn in the audience. III. PUBLIC HEARINGS. B. ZONINGS - 1. Rezone from Unclassified to Business, Lots 3A, 30; 4A, 43, Block 1; Lots 2,-3 A, 3 3, Block 2; Lots 1 & 2, Bloc% 3; Lots 2 & 5, Block 5; Lots 4 & 5 Block 7, 'Miller.Point A1( Subdivision, (Majdic-Hayes-Sharratt-Welborn-Urie Cessna). • In summarizing the application Stdif finds the request is 1) not consistent with the proposed land use plan, 2) is not consistent with the 1963 Comp- rehensive Plan, 3) the.area under consideration is excessive and 4) no development plans have been submitted; nor has any statement or justification. for this change been presented. The Chairman closed the regular meeting.and opened thePublic Hearing. No one appeared to testify in favor of this reqUest. AGAINST MR. JOHN WITTEVEEN; owner and occupant of Lot 2A, Block 1 is opposed. Mr. Witteveen also read letters opposing the request from the folloWing: Jim & Judy Richardson, Lot 1, Block 5. Nilier POintSubdivision, Nr. Peter Danelski, Lot G A, Bloc% 1, Miller Point Subdivision,. Mr. Peter Resoff, Lot.3, Cliffside Loop Road, ' Mr. Carol Kessler, Lot 7, Cliffside Loop Road, Mr. & Mrs. Emil Norton, opposed, Mr. & Mrs. Vernon Berns opposing to the request via a letter. Mr. Anderson moved to disapprove the rezoning, from Unclassified to Business, •• Lots 3A. 311,4A & 43, Block 1. Lots 2, 3A, 33, Block 2, Lots 1 & 2 Flock 3, Lots 2 & 5, Block 5, Lots 4 & 5; Block). Miller Point A% Subdivision, (Majdic- Hayes-Sharratt-Welborn-Urie-Cessna). Mr. Erwin -seconded the motion. - • Motion passed with unanimous roll call vote. 2. Rezone from Unclassified to 3-3, Lot 18, Bloch 2 Russell 7states 2nd • -.• Addition. (Cerald•Cudenau). Mr. Mulitalo stated that Staff does not have any recommendations but did offer the following 3 options: 1) -rezone to 1-3 would not affect property owners adjacent to the lot. 2) jeny the request and 3) wait for adoption adoption of the Comprehensive Plan. The' Chairman close;', the regular necting and opened the '2ublic Nearing. Mr. Mulitalo read a letter of approval from 2roperty owners in lussells Estates 2nd Additian, vas read into the record. P 2: continued, May 18, 1973 IV. AUDIENCE COMMUTS Page 5 MR. GENE KIZER, Forest Invest7lent Company, stated that the ,Company is not aware of a covenan mr.-l:izer presented to the Commission a deed and title insurance relative to this property and there is no reference to a covenan MR. ALAN BEARDSLEY accepts the fact tLe covenan was not recorded at the courthouse. Mr: Bea-.4sley also stated that before property was purchased, they were made.aware of a binding covenant. on these lots. Mr. Anderson moved to gime preliminary approval -o the variance on Lot 1 Block 1 of Killarney Hills with stipulations Staff had presented. Nr. hall seconded the motion. Mr. Anderson amened his motion to read as follows, :Sr. Anderson moved to grant approval of. Lot 1, Block 1 Killarney Hills :4CDdivision with the stipulations of provisionsma4 by.the Staff. Following a lengthy digcussion; nr.Ball with,lrew his second's and Mr: Anderson withdrew his motions. The Chairman recessed the meeting at 11:30 at 7:30 m. I. CALL TO ORDER p. m..f-o be continued on May 22, 1978. The continuation of the yegular meeting of May 17 and Nay 18, 1973, of the P & Z Commission was brought to orcler on. Fay 22, 1978, at 7:30 p.m. by the Chairman :4r. nusch, in the Borough Assembly Chambers. II, ROLL CALL PRESENT Mr—Dan Busch, Chairman Mr, Phil Anderson Mr. Gene Erwin Mr. Tony Perez Mr. Don Baker Mr. Ron Ball, arrived 8:30 p.m. 111. MINUTES Mr. John ?u1-1 moved to approve the minutes -of March 15th and 16th; April: 19th, 20th, and 25th. Mr. •erez secondc,.. the motion. Motion passed with unanimous roll call vote. - IV. PUBLIC HEARIG : . . .... . , ,. . . . . . _ - -.-•,-",--",,,...••.: -.7 -,. '",-,---;SW".t"-'-',^'M,,,'•M'.",-'-•'•'.-'•'---'.,• • . • "" • • • • •,-:::'..-f . A. Final Subdivision Plat for Rarluk R .ievelopment. Plan,. . , • • , In the staff report Mr. Milligan stated that•the following Tracts be designated . . ., . • - . , as: Tract A -sewer processing operation; Tract B -school site; Tract C- . . .- . • - village commercial uses and office site for Village (.11: Marluk 'Native Association. Tract D & r are being held for public use. The approved final is basically consistent with the preliminary. Staff recommends approval of the final plat. . : „,.., , •:;.,,:,..•'!':,,':'. ;:.- -..,:-•-:. Schedule is as follows: foundation to be laid in July; housing units sometime in August; occupancy sometime late in the fall regardless of electricity or sewer. Following some discussion Nr. Anderson moved to anorove the final. •, : • . . plat for the Karluk Fuhdivision. Mr. Pugh seconded the motion. notion passed . . - ..... • • ., -,, - - . . -..- with unanimous.. roll call vote. . . . . . . ' .i . . . B..1 Variance to permit more than one principal dwelling structure,in an R-3 (multiple .1 family) zoning use district, Lot 1, Block 1, 'allarney Bills Subdivision, 4 structures, 2.48 acres (7orest Investment Company). , - Or. Anderson moved t� take action on Forest Investment request for a variance. ,Nr. Ball seconcied the motion. Motion passed with unanimous roll call vote. -M12. ALLAN DEARDS1=, stated that the residents of i11arney 1il1a Subdivision lhad retained an attorney and it is their intent to sue. . Mr, lear.isley also • Z continued Page stated that the property owners were diver. a c.••:;:aant regardless of whether the covenant was recorded. Mr. Anderson -moved to 'rant a variance to Lot 1. "loci: 1, Killarney 'ills Subdivision 4 buildings instead of 1 with the following stipulations: 1. Fence along Murphy ':ay and between Lots 1 & _ of ;:iliarne'_:'';i11s :subdivision and 40' along Mill •3av Road and south along `!i11 Bay Road between ?Murphy hay. Temporary walkway be constructed and maintained while ?base I is being constructed. 3. Permanent walkway to be constructed and :maintained after Phase II is constructed. 4. One and one half (1) parking spaces be provided per unit after =:rase LI is constructed. 5. Building locations as shown on the map. 6. Additional -parking if tine lag in construction. 7. Parking spaces to be 9' by 20'. 8. Building setback variance 4' on "uilding M. and 7' on Building ;"2. ij 99. Landscaping to be completed with each phase or completion as noted on the :nap. 10. Fence between the border of the Community College and this project; Lot 1 Killarney Hills Subdivision after Phase II. 11. Site drainage be worked out with the. City of '.odiak•. Mr. Ball seconded the motion. notion passed with unanimous roll call vote. V. AUDIENCE C0101ENTS - None .s -r-•vim; : VI. COMMUNICATIONS Variance on Lot 30, Block 19 of ,.(odiak Tormsite. Request from sir. Helmut Opolka to repair and place permanent foundation on an apartmeflt building was requested in September of last year. In a - letter dated March 29, 1973, `!r. Opolka is requesting'an extension. Mr. Anderson moved to grant a 6 month extension for a variance on Lot 30, Block 19 of Kodiak Townsite. '!r. .._win seconded the motion., Motion passed with unaui-mus roll call vote'. CHAIRMAN'S REPORT Mr. Busch requested the Borough Engineer to check the statutes on leases. T'LA::.`:I! G DIRECTOR Fish and game has advised the Planning Department that leaver Lake is a spawning area. Mr. Milligan also stated that KID has issued contracts and project is near completion pending approval of the plat which Commission app:oved for final of 'arluk Redevelopment Plan. VII. ADJOURNMENT The Chairman adjourned the meeting at 9:30 p.m. ATTES ATTEST: y A?2ROVED Chairman rP • KOD ISLAN 0 U G Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 May 31, 1978 Mr. Dean Morgan General Superintendent Forest Investment Company 314 - 108th Avenue N. E. Bellevue, Washington 98004 In re: Variance request, Fir Terrace Apartments, Lot 1 Block 1, Killarney Hills Subdivision Dear Mr. Morgan: In its regular meeting of May 17, 1978, continued to May 22, the Kodiak Island Borough Planning and Zoning Comuission granted a variance to allow four (.4) buildings on Lot 1, Block 1, Killarney Hills Subdivision, subject to the following stipulations: 1. That during Phase One of the project (construction of Buildings No. 1 and 2), a temporary walkway be provided along Mill Bay Road; 2. That during Phase Two of the project (construction of Buildings No. 3 and 4), a permanent walkway be provided along the route shown on the revised site plan; 3. That one and one-half parking spaces per unit be provided prior to completion of the project; 4. That during Phase One, a. fence be provided along Mill Bay Road, Murphy Way, and between Lots 1 and 2; 5. That'a playground area be provided and designated on the site plan; 6. That parking spaces shall be indicated on the site plan', and shall be 9' x 20'; 7. That Building One be granted a setback variance of 4 feet, and Building Two be granted a setback variance of 7 feet; 8. That landscaping for each phase shall becompleted prior to building occupancy, and that a landscaping schedule be provided consistent with the note on Exhibit A of the site plan; 9. That in the event of a time lag between Phase One and Phase Two of construction, additional parking shall be provided to total 11/2 spaces per unit; ••••• ••••••• • 1 Forest Investment Company May 31, 1978 - Page 2 10. That fencing will be provided along the south lot line (the lot line common to the College property) during construction of Phase Two; 11. That site drainage is to be resolved with and accepted by the City of Kodiak prior to issuance of a certificate of occupancy. The above stipulations have been listed here from our notes of the Planning and Zoning Commission meeting, and cannot be considered as the official action of the Commission. The minutes of that meeting are currently in preparation from,the transcript, and will be forwarded to you upon completion and approval. If you have any questions regarding this matter, please feel free to contact our office. Yours very truly, DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 7h• Robert A. Marmaduke Borough Engineer RM: am Copy to: W. E. "Gene" Kizer, Architect - AIA 501 West Northern Lights Blvd. Anchorage, Alaska 99503 • r - • KODIAK ISLAND BOROUGH M E M O R A N D U M TO: P & Z Commission FROM: Planning Department SUBJECT:. Request for variance RE: Lot 1, Block 1 of Killarney Hills Subdivision DATE: May 12, 1978 REQUEST This is a request for a variance to permit the construction of four detached apartment buildings on one lot in an R-3 multi -family zoning use district. SITE The site is located at the_ intersection of Murphy Way and Mill Bay Road. The property is undeveloped and heavily wooded. As pointed out in the application, the site is irregular in shape and slopes from the northeast to the southwest. The site contains 103,199 square feet or 2.48 acres. HISTORY The Killarney Hills Subdivision was approved by the Kodiak Island Borough Assembly on; May 2, 1968, and was recorded on November 13, 1968. Since that time, Block 1 has been zoned R-3 and some lots within the subdivision have been developed However, the petitioned property has remained the same. The applicants (Forest Investment) have looked at several different sites in Kodiak during the past year and finally have selected this site. .Page 2 The last site they considered was located on Mill Bay Road adjacent to the Aleutian Homes Subdivision. This site appears to be adequate in terms of size and location to meet their needs. ANALYSIS Staff, in reviewing all applications for a variance, must determine whether or not the four conditions set forth in Section 17.66.090 (b) of the KIB Code of Ordinances have been satisfied. 1. Section 17.66.090 (b) (1) states "That there are exceptional physical circumstances or conditions applicable to the property or its intended use or development which do not apply to other properties in the same land use district." Staff finds the applicant has provided findings as required by the zoning ordinance in support of.condition No. 1. We concur the site is adequate in size to support the proposed development. That the site development plan is more flexible when the proposed dwelling units are. distributed within four buildings rather than consolidated into one structure. If the developeris required to subdivide the site into four lots, one per each building, the flexibility of building location becomes limited. Section 17.66.090 (b) (2) states "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardships." The topography of the site and good untilization of the lands make it difficult to incorporate all living units into one building. Some tenants would be required to walk long distances from parking areas to their dwelling units. This situation could create a very real hardship on some tenants during bad weather. Page 3 Section 17.66.090 (b) (3) states: "That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare.". We agree with petitioner's findings for the requirement. Additionally, we find the residents and the adjoining property owners are better protected from a fire life safety standpoint by spreading the dwelling units through four separate buildings rather than being consolidated into one large building. Section 17.66.090 (B) (4) states: "That the granting of the variance will not be contrary to the objectives of the Comprehensive Plan." We agree with petitioner's findings the proposed development is below the maximum which could be placed on this site. It is within the city limits of the City of Kodiak and can be provided with the full range of city'services. It is within walking distance of one public and one private elementary school and is located on one of Kodiak's major arterial streets.. It is also immediately adjacent to the Kodiak Community College. SUMMARY Staff finds the applicant has Provided findings in support of the four conditions for a variance set forth in Section 17.66.090 (b) of the zoning ordinance. Staff agrees with these findings and during our review found other items which we also feel support the application. RECOMMIENDATION 1. You can deny the request. 2. You can grant the request. • Page 4 3. You can grant the request with conditions, such as: a. additional parking, b. require landscaping c. require a fence on the lot lines common to Lots 1 & 2, d. limit the height of each building, e. limit the number of dwelling unit in each building, and f. add such other conditons as the Commission deems necessary and appropriate. • •• • tiji14iand bomugh- KONAK,'ALA RE C F - IA MI' 9 1978 411 '181910),riii2.11194314%;.'0 May 3, 1978 Harry Milligan Planning Director Kodiak Island Borough P.O. Box 1246 Kodiak, AK 99615 5ot.'•:,e°‘• ea. CP' SS"' rS•00'1..ke";% 0Vo ,e5 • \*\ 9 ?\"C°6 ?\ 1 0" Re: Variance Application, Lot 1, Block 1, Killarney Subdivision, Kodiak, Alaska Dear Mr. Milligan; With this letter and the already submitted information, we are applying for a variance from Section 17.18.010 of the Kodiak Island Borough Zoning Ordinance. This application is submitted on behalf of Forest Investment Corporation of Bellevue, Washington. The purpose of the variance requested would be to allow for the development of a four building, 59 -unit residential complex on the referenced lot without having to comply with the requirement to resubdivide the Jot into four smaller parcels. If approved, the project will provide badly needed residential units in a moderate price range for the citizens of Kodiak. This need has been demonstrated and documented in two major studies of the Kodiak Island Borough --the Kodiak Island Borough Outer Continental Shelf Impact Study (Simpson Usher Jones, 1977) and the Kodiak Island Borough Regional Development Plan (Kramer Chin and Mayo, 1978). The project is to be financed through the Farmers Home Administration. There will be no problem in proceeding within the required six months after the variance is approved. In fact, construction should begin within a few weeks if the Board approves the variance at their next meeting. Attached are site plans and building plans as required for a variance application. They show both building placement and existing site conditions. Both are important elements of this variance application. Section 17.66.0908 requires that four conditions be met by all variance applications. The following is a review of our compliance with those conditions: 1:577 27.-2-21ff: Harry Milligan -2- May 3, 1978 That there are exceptional physical circumstances or conditions applicable to the property or its intended use or development which do not apply generally to other properties in the same land use district; Four different special conditions exist which meet the require- ments of this section. They relate to the shape of the property, topography and soil conditions, the design of the project, and the access characteristics of the site. The property is an irregular shape with four sides. The longest side is 515 feet and the shortest is 220 feet. The property comes to a long point on the southwest end. If required to subdivide the property into four lots (one for each building), the owner would have to utilize the pointed portion of the site as a building location. This would result in an odd -shaped lot with an irregular parking layout and little usable open space. If the variance is approved and the site is developed as shown in the site plan, the buildings can be clustered away from the pointed portion of the site. That portion could then be utilized as open space and parking only. The topo also lends itself to the proposed site plan. The site drops approximately 20 feet from the northeast to the southwest. The buildings have been placed on the highest portion of the site, to the extent possible, in. order to take advantage of the views as well as the natural drainage char- acteristics of the site. As shown on the site plan, the southwest portion is a drainage swale. If the property is required to be subdivided, then a building would have to be placed in that swale. This would create both onsite and possible future offsite drainage problems. It would also increase development costs, thus increasing the cost of the housing. A visual inspection of the site conditions and the vegetation in that location show that there is a high proba- bility of poor soil conditions in that area. This will further increase the cost of development of the property and could affect the feasibility of the residential units. From a site planning and design standpoint a requirement to subdivide would result in a spreading out of the buildings, less efficient use of the natural features of the site, less consolidated open space, and generally a less aesthetically pleasing project. The end result would probably be four buildings lined up in a row rather than a cluster of buildings on the high portion of the site. Harry Milligan -3- May 3, 1973 The requirement to subdivide will also create access problems. With the proposed site plan we are showing two parking lots and two offiste access points. If we create four lots, we will have to provide four parking lots and four separate access points. Mill Bay Road is an arterial feeder into downtown Kodiak. This property fronts onto Mill Bay Road. In order to maintain Mill Bay Road's traffic carrying capacity, it, is in the best interest of the community to limit the number of access points onto that road thus confining the traffic entering and leaving the roadway to as few control points as possible. This variance would accomplish that purpose. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardships; The difficulties and hardships associated with the requirement to subdivide into four lots is attributed to the physical characteristics of the site described above. As indicated, strict application of this section would result in awkward building placement and drainage problems which would make this proposed housing development both less desirable to live in and more expensive. These problems and hardships do not arise from an action of the petitioner. They are based upon the physical conditions of the site and the petitioner's desire to utilize those physical conditions to the benefit of the project and the community as a whole. 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare; There would be no adverse„,effect on other properties generated by this variance. In fact, through proper site design, build- ing placement, controlled access, and drainage facilities, possible future impacts on adjacent properties could be averted. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan. This variance is in no way contrary to the objectives of the KIB comprehensive plan both existing and proposed. The vari- ance will, if approved, promote housing development, will allow efficient utilization of available lands, and will help preserve the capacity of ,the major arterials. All of these results are consistent with the Borough's long range planning programs. With this information we feel that we have provided the Kodiak Island Borough with adequate justification for granting of this variance. We feel that the variance is in the best interest of the community and will j Harry Milligan -4- May 3, 1978 result in a far better housing project than would be possible under the conventional development requirements to subdivide the property. We hope that the above information is sufficient for.your review. If you have any questions or require clarification of our application, please contact me at your convenience. Very truly yours, SIMP1�N USHEI JONES, INC. P1 . Jones Att chments cc: Dean Morgan, Forest Investments Gene Kizer GLJ/dl TO Richard W. Garnett III Erwin, Smith and Garne 134S West 9th Avenue, Suite 201 Anchorage, Alaska 99501 FROM 0DIAK ISLAND BOROUGH P. O. BOX 1246 KODIAK, ALASKA 99615 _SUBJECT: Fir Terrace I Apartments, Kodiak, AK FOLD DATE Dec. 9, 1980 Attached find letter from Assessor Edwin Haney. KIB, to Firest Investment Corporation as discussed in our phone conversation this morning. Also attached is a Petition for Abatement of Taxes. PLEASE REPLY TO SIGNED Arnold T. Hansen Acting Manager DATE SIGNED (Ds RETAINED BY SENDER K. DIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 ICODIAIC, ALASKA 99615 December 9, 1980 Forest Investment Corporation P.O. Box 50 Bellevue, Washington 98009 RE Fir Terrace I Apartments Kodiak, Alaska ATTN: W.R. Wood, President Alaska Statute 29.53.060 states "The Assessor of a Municipality shall assess property at its full and true value." "The full and true value is the estimated price which .the property would bring in an open market and under. the then prevailing market con- ditions in a sale between a willing seller and a willing buyer both conversant with '.the property and with general price levels:" As this is a newly constructed development of Forest Investment Corporation and'quoting their petition 7a cost investment of $2,901,000'," and $203,800. -is 5% of_the full mort- ,gage it is reasonable to assume that they themselves qualify as a willing buyer conver- .sant with prevailing market conditions. Real property is assessed it's full and true value regardless of encumberances of the mortgagor or mortgagee. The value of the land and improvements is being assessed,not the income of the owner, or the value as a business investment, or its value as a tax shelter. Thefull and true value in this case is obviously the replacement value rather than the income value. Were the apartments to burn down completely, the amount of money to rebuild them would be a true test of these values. You would not settle with the insurance company for a portion of an 8% annual income. Were I a buyer interested in buying. this housing project I would ask an appraisor for the value as a business ...and would expect a report covering the repls,cement,.income and market values. In such a case the income approach would have a stronger affect on the value as a business. This same logic would show up in the purchase of a Bar or Nightclub doing a good business and selling at a very high figure - using the 3 values - an appraisor would first find the replacement value and remove this from the sale price giving the bal- ance as business or good will value. The appraisor gives the total value, the assessor wants only the value of land and improvements. Using as another example, 2 similar houses valued at $100,000. They would be assessed the same and the owners would pay the same amount of real property tax, no matter if one owner has an income of $50,000 and the other owner has an income of425,000 - real. property tax is not an income tax. Fir Terrace is the same as any other business, the taxes are not taken from -the profits of the business, they are a legitimate.business expense the same as utilitites, fuel, repairs, and reserves, etc. December 9, 1980 page two These thirty-one apartments whether subsidized or not use the City and Borough services. School, fire, police, roads, etc. Asking the other taxpayers to pay for an exemption of your tenants would certainly upset the equity of -the Kodiak City and Borough tax- payers. To give a special exemption to exclude or partially exclude this property from taxation would take an ordinance passed by voters of both the City of Kodiak and Kodiak Island Borough. (Alaska Statute 29.53.025). Also of note from a Superior Court Opinion No. 636 (file 1214) 473 p. 2d 630, 7A Borough has discretion to appraise by whatever recognized method of valuation it chooses, so long as there is no fraud or clear adoption of a fundamentally wrong principle of valuation." Also from Superior Court Opinion No. 28 (file 42) 359 p. 2d 783, "Income from property is not the sole standard of value although the income from property may be a legitimate factor to consider in fixing value for tax purposes it is not the sole standard to apply." Were the City or Borough of Kodiak to assess the value and tax the business .of Fir Terrace your request for lower values would have merit, however the real property assessment on the "true value" or as in this case replacement less depreciation is the only logical and legal value to apply. One other pertinant factor to consider - the assessment considers the replacement value to average $27,500 per apartment and the cost investment as stated in the petition aver- ages $50,000 per apartment (round numbers). This has given the owner more than adequate relief for any mortgage restrictions. Regardless of the actions of a few eastern states, the State of Alaska still allows the Municipalities to assess the real property value and not the financial -circumstances of the owner. You will be recieving your 1981 assessment in March and if you do not agree with the assessment you must appeal to the Board of Equalization within 30 days. If you still feel the assessment is wrong after the B.O.E. meets you may appeal to the Superior Court. EHisc Copy To: Borough Manager Borough Attorney City Manager State Assessor Sincerely, Ed Haney, Assess. Kodiak Island Bo6ough FOREST INVESTMENT CORPORATION P.O. Box 50, Bellevue, WA 98009 (206) 454-8433 October 28, 1980 Kodiak Island Borough Assessors P.O. Box 1246 Kodiak, Alaska 99615 Re: Fir Terrace I Apartments Kodiak, Alaska Gentlemen: taxli}fic KOLilAtic , S, 0 L) x,-13 5'6 N ,AD tt Forest Investment Corporation is the owner of several Farmers Home Administration subsidized housing complexes throughout the United States. Our attorney has brought to our attention several states that have made adjustments in property taxes because of the subsidized nature of the projects. Any decrease in property taxes will not flow to the owners but rather will result in either a reduction in the tenants' rent or at least forestall a rent increase needed for inflation of other operating expenses. We would like for you to review the enclosed Petition for Abatement of Taxes and respond at your earliest convenience. Very truly yours, FOREST INVESTMENT CORPORATION W. R. Wood President WRW/rb Enclosure PETITION FOR ABATEMENT OF TAXES This is a petition for abatement of real estate property taxes levied by the Kodiak Island Borough Assessors Office against property owned byKodiak Associates. The property is legally described as: LOT ONE -A (1-A), that portion of LOT ONE (1), BLOCK ONE (1), KILLARNEY HILLS SUBDIVISION, U.S. SURVEY 3218, in the Kodiak Recording District, Plat NO. -68-13, described as follows: Commencing at the Westerly most corner of Lot 1; thence N51° 44'E, 378.90 feet along the Northwesterly boundary of Lot 1, to the true point of eginning: Thence continuinR along said boundary: (1)0N51 44'E, 136.14 feet; (2) N28 53'E, 21.54 feet; (2) N28 53'E, 21.54 feet to the Southerly boundary of Murphy Way; (3) thence S6°07'E, 220.00 feet along said boundary; (4) thence S28 53'W 265.58 feet along a line common with Lots 1 and,2 to the Southerly boundary of U. S. Survey 3218; (5?) thence N89 53'W, 6340 feet alon2 said boundary; (6) thence ; NO Q7'E, 71.54 feet; (7) thence N28'531E, 86.38 feet; (8) thence N61 07'W, 182.87 feet to the true point of beginning, comprising 3'..4562 acres, and is located at Mill Bay Road and Murphy, Kodiak, Alaska. The property is improved with 31 apartment units, 13 one bedroom units at 8,008 square feet, 18'two bedroom units at 13,932 square feet, and laundry room at 452 square feet. The improvements were constructed in 1979 and at that time were mortgaged to the federal government pursuant to s515 of the National Housing Act of 1949. The property has been appraised by the Kodiak Island Borough Assessors Office for real estate tax purposes at $858,556 ($942,141 less land for adjoining parcel $83,585) and based upon that appraisal a tax in the amountcof , $11,144.05 ($12,228.98 less tax on adjoining parcel $1,084.93) has been assessed against the property. The assessor's appraisal is based upon reconstruction cost less depreciation and comparable sales of apartment complexes not subject to the rent controls imposed upon petitioner's apartment complex by the United States Government. Petitioner's apartment complex has received a 95% of cost federal. mortgage for a 50 year term at an interest rate ranging from 1% to 9% depending upon the income level of the tenants as shown by biannual tenant income certifications. In order to pass the interest rate subsidy through the owners to the tenants, the owner is, for the duration of the 50 year mortgage, limited to an 8% cash return on the owner's invested equity (the difference between 100% cost and the 95% mortgage). In this case the owner's invested equity is $203,800, and the total annual cash return to the investor can be no more than $16,262. The return to the investor can of course be less since the return of $16,262 -1- is dependent upon operation of the project in such a frugal manner as to have remaining cash after all operation expenses, reserves, mortgage payments, etc. sufficient to pay the equity return. Should •the project produce more net cash income than that necessary to pay the equity return, such excess cash must be either returned to tenants or used to improve the property. Furthermore, equity return to owners is not cumulative. If the project operates at a deficit one year and fails to pay an equity return, successful operation in a subsequent year does not result in a 'catch up' payment of return on equity for the deficit year -- such action is prohibited by the United States, by the terms of the mortgage indenture. Thus, the owner of this property has a peculiar asset; the asset cost $1,500,000 to build and produces depreciation as does a conventional apartment. The asset tends to increase (or decrease) in value at a rate probably similar to similarly constructed conventional apartments. However, this asset is restricted to a maximum cash return of $16,262 or .5600% per year return on a cost investment of $2,904,000. This restriction lasts for the 50 year term of the federal mortgage. Furthermore, by recent act of Congress codified in s515 of Title V of the Housing Act of 1949, the owner is prohibited from prepaying the federal mortgage and removing the complex from the subsidy program for 29 years from the beginning of the federal mortgage. Thus the property is locked into a long term inability to produce rents and profits on any scale similar to nonsubsidized apartment complexes. By federal law, the highest and best use of the property can only be that of a subsidized housing apartment. Replacement cost and/or comparison with the sale price of conventional apartment complexes is inappropriate since petitioner's complex will not resell for a price based upon reconstruction cost or the price of conven- tional apartments. Rather a purchaser would look first to the property's income stream (capitalization of income approach), and second, to the tax shelter stream. The long term federal 'lock in' prohibits any major capital gain from resale of the apartment for conventional use. Thus, although the project may one day be converted to a conventional apartment and then produce a greater income stream, such a day is nearly two decades away and such value would be heavily discounted by a present day buyer. Thus the value of petitioner's property for tax assessment must reflect the resale value of similar subsidized apartment complexes. -2- Petitioner's position is supported by an ever growing body of judicial decision (the Supreme Court of Rhode Island, the Supreme Judicial Court of Massachusetts, the Supreme Court of New Hampshire). Other states have recog- nized the unfairness of basing tax assessments for subsidized projects upon the rents which could be received absent federal regulation or upon sale prices of unsubsidized apartments. Thus .Connecticut, Michigan and Vermont have enacted legislation directing their assessors to valuate federally financed low income projects on the basis of the maximum rents obtainable by the owner under appli- cable government restrictions. Such legislation does no more than recognize the market's determination of value which is the purpose of the appraisal. In addition, since higher taxes on the subsidized complexes are directly passed on to the tenants, it is counterproductive for the county to burden these tenants with an extraordinary theory of real estate appraisal inconsis- tent with the method of appraisal used for other properties. When appraising a steel manufacturing plant, should the assessors estimate what the value of the plant would be if the price of the steel was twice as high as the market? Should a buggy whip plant be assessed on the assumption that buggy whips are high in demand? Or should the market be reflected as it exists? The recent case of KARGMAN VS JACABS, 411A.2d 1326 (R.I. 1980\ decided by the Supreme Court of Rhode Island is particularly illuminating since the case involved the identical parties and property (a subsidized apartment) in a case previously before the court contesting property assessments for the years 1971 and 1972. In the earlier case, Kargman had contended the assessor erred by looking to the fair rental value of the subsidized units rather than the actual rents allowed by federal r2gUlatiODs. Kargman lost his earlier case (Kargman vs Jacobs, 113 R.I. 696, 325 A.2d 543 1974), with the court comparing his regulated rents to a disadvantageous long term lease. In lease cases the courts have agreed that the value of the property is not decreased by the less than market lease payments to the owner. In the 1980 case, Kargman was before the same court with the same property, this time contending that his assessments for 1972, 1473 and 1974 were incor- rectly computed for the same reasons as before, i.e., the assessor used potential market rents rather than the actual regulated rents in his dppraiSdl. In the 1980 case, the court reexamined its previous reasoning and recent cases decided in other states. It then determined that use of rents other than those actually received is inappropriate when applied to an apartment complex with federal Whereas the older Kargman case had held that the significant element of the income approach to valuation was "the realty's capacity for earning income rather than income actually derived from its operation," the later case states at page 1330: "....We have reexamined our position in light of two decisions published since Kargman....We determine that the rule requiring capi- talization of a property's earning capacity is inapplicable to a s221 (d)(3) apartment complex with its federal restrictions on rental income." (Emphasis added) The court distinguished by footnote the case of SPRINGFIELD MARINE BANK vs PROPERTY TAX APPEAL BOARD, 44 I11 2d 428, 256 NE 2d 334 (1970) which it had cited as authority for the earlier Kargman decision. Springfield involved. property subject to a disadvantageous long term lease with years to run where the property could have been rented for substantially more money if the lease could have been cancelled. In Kargman, the Supreme Court of Rhode Island cited with approval the case of COMMUNITY DEVELOPMENT COMPANY OF GARDNER v BOARD OF ASSESSORS OF GARDNER, 385 N.E. 3rd 1376 (Supreme Judicial Court of Massachusetts, 1979). As in Kargman, Community Development involved a federally subsidized apart- ment cs236 of the National Housing Act) owner seeking an abatement of tax on the ground that the assessor failed to adequately consider Federal restrictions on the income of the project. The board of assessors had appraised the project based upon its capacity to earn rent if free of federal regulations on rent limits. The Appellate Tax Board upheld the assessor. The Supreme Court reversed the board and the Appellate Tax Board because "....the board based its estimate of gross income on hypothetical rent receipts in excess of those allowed by law". "The board, in addition, overlooked the unique status of a federally regulated low income housing project. 'The great di- lemma in assessing federally assisted housing projects is that the 'value' of these projects is inherently ambiguous. Construc- tion costs are known; but these overstate the market value of a project, since in the absence of subsidy, the rental stream produced by a property would not justify the actual expenditure on construction.' G. Peterson, A. Solomon, H. Madjid, W. Apgar, Jr., Property Taxes, Housing and the Cities, at 73 (1973)." Id, at 387 As in Kargman, the court in Community Development distinguished a line of its own cases involving disadvantageous leases: "....However, we do not think the restriction on the com- pany's housing project resemble a disadvantageous lease. Im- position of the federal restrictions was a condition of finan- cing the project on favorable terms, and without the federal assistance the project would be impossible." Id. at 388. -4- The assessor was directed by the Supreme Court to base the valuation upon the actual net income stream allowable and actually produced by the property. The same result was reached in the earlier case of ROYAL GARDENS CO. v CITY OF CONCORD, 328 A2d 123 (N.H. 1974). That case involved a tax abatement petition for an apartment project partially funded and regulated under s236 of the National Housing Act of 1968. The master hearing the appeal had expressly ruled that value should be determined without regard to the factor of federal subsidy or regulation, reasoning that to do otherwise would result in an un- necessary and unathorized subsidy of the project by the assessing authority. Accordingly, in applying the income capitalization method of valuation, the master used an estimation of gross receipts the project would earn on the "open market." Citing a long line of cases in reversing the master, the New Hampshire Supreme Court stated the rule that all relevant and non prejudicial evidence bearing on value should be considered and that an appraisal should be based on such relevant facts not on "artificial rules": "....We cannot distinguish for valuation purposes a state and federally regulated utility from a federally regulated housing project which limits the income to be received by the owner... The Master should have, weighed the factor of regulation to the extent he found it relevant..." Id. at 125 Correct appraisal practice, court decisions, legislation and logic all converge on the conclusion that the fact of federal regulation causing a re- duced income stream is a relevant factor affecting the value of a federally subsidized housing project. The effect on value resulting from this reduced income stream is a matter for the appraiser to weigh when comparing the in- come capitalizaiton approach to value with the comparable sale ((of subsi- dized housing)) approach. This has not been done in the appraisal of the subject property. Petitioner respectfully requests an abatement of the prop- erty tax in an amount consistent with an appraisal based upon the cited authorities. KODIAK ASSOCIATES FOREST INVESTMENT CORPORATION, General Partner BY: October 27, 1980 W. R. Wood. -5- rn c z m m 70. m G) C m J m 0 z fn C 1 m q D z 0 0 m 1 m 0 e SENDER: Complete items 1, 2, and 3. Add your address in the "RETURN TO" space on reverse. 1. The following service is requested (check one). 0 Show to whom and date delivered ¢ X Show to whom, date, and address of delivery ❑ RESTRICTED DELIVERY Show to whom and date delivered ¢ O RESTRICTED6ELIVaRY Show to whom, date, and address of delivery $ (CONSULT POSTMASTER FOR FEES) -` 2, 'ARTICLE ADDRESSED T . ICC). c;.\� gSrjo a, '-'\'1— . .\y tO6 . 11<)9`-' Ka. led-e.,O, Vim. (A) 4 . too' 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. 1)S7V INSURED NO. (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE 0 Addressee ] Authorized agent , 4 ` \i'''': - DATE DATE OF DELIVERY POSTM BIA (/ 5. ADDRESS(Comp/ete only it reque ed) V — 6. UNABLE TO DELIVER BECAUSE: LERK S.a 1,." ITr'ALS *GPO: 1977-0-249-595 C ®,IMPORTANT ARTICLE NO. - • � Y • )ent this form to obtain your mail. ID required. Signature mew be,n ). You. may notify yo carrieror Post Office for redelivery or call for, your mail after - 'M. (Date) C REGISTERED QrlSUREDEO to CUSTOM (Omit Number) ERTIFIED (]co, n'MYA.PRESS DDUE POSTAGE ❑International mall subject to storage cnargas attar Mato) VD5PEDELICIVERYAL }ForliSDgerl¢oCial Art)D)e' ❑ RACED UNDER YOUR DOOR ee: (] PLACES IN YOUR LEITER COX DIf not called for aE Post Office before carrier beers his next. regular trip he will deliver it to you. - CUST MER (F ease describe any • DELIVERED BY AND DATE CLAIM CNECK A NO �W MAIL AT ETTER 0 FLAT ❑.PARCEL 0 HOLD'. ❑I RESTRICTEDY DELIVER ZIP OF ORIGIN 0 3.6 8 AMOUNT DUE ADDRESSEE NAME (Print),, ADDRESS 1 7 R ECEI D A`1� • 1 - PS, Form 3849-A Feb. 1978 DELIVERY NOTICE OR RECEIPT aq) Qao.c2.(1' September 26, 1979 SUBJECT: Fir Terrace Apartment Coinplex, Kodiak, Alaska (Forest Investment Property) TO WHOM IT MAY CONCERN: - On September 25, 1979, the City Building Inspector and I inspected the grounds of the Fir Terrace Apartment Complex. As of that date,all site grading and drainage work had been completed. It was noted that perf- orated pipe had been installed along the east boundary of the property. The work done by Forest Investment Corporation has greatly improved the natural drainage of the construction site and has virtually eliminated all ponding of storm water. Sincer ly, 0( ohn C. Staf City Enginee JCS/lr P.E. POST OFFICE BOA 1397, KODIAK , ALASKA 99615 PHONE (907) 486-3224 FOREST INVESTMENT CORPORATION 314 108th Ave. N.E., Bellevue, WA 98004 (206) 454-8433 September 13, 1979 Mr. Harry B. Milligan Director Kodiak Island Borough P.O. Box 1246 Kodiak, Alaska 99615 Re: Ribbon Cutting / Rural Rental Housing / Kodiak, Alaska Dear Mr. Milligan: Forest Investment .Corporation is having a Ribbon Cutting Ceremony in Kodiak, Alaska for the Fir Terrace II Apartments. The ceremony will take place on September 25th, between 10:30 and 11:30 a.m. Please accept this letter as your formal invitation to attend this ceremony. We would be honored by your presence. Thank you for your assistance in making this apartment complex possible for the community of Kodiak and we hope to see you at the Ribbon Cutting Ceremony. Sincerely, FOREST INVESTMENT CORPORATION STEPHEN A. HEIM Project Director SAH:cm uBaYuit Island Borcrugb KODIAK, ALA SEP 17 9979 A K DIAK ISLA N OUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 September 29, 1978 Mr. Jerry Madden State -Federal Coordinator Pouch AD Juneau AK 99811 RE: State I. D. No. 78092101 Dear Mr. Madden: The referenced project has been approved by the Kodiak Island Borough Planning and Zoning Commission. A11 required local city and borough approvals have been obtained and all required permits issued. This application constitutes the second and final phase of this 67 unit complex. As stated in the project narrative there is a shortage of adequate housing in this community. The project will provide badly needed housing for at an affordable price based upon their income level's. On behalf of the Borough we recommend the requested project application be approved. If you need additional information on this project from our records, please advise. Sincerely, Harry Milligan, Planning Director v(- • / 6 6(1,0 n[Ltis EL:\ JAY S. HAMMOND, Governor OFFIC1 OF ICH GOVE NOE Phone 465-3512 DIVISION OF POLICY DEVELOPMENT AND PLANNING Pouch AD - Juneau 99811 September 26, 1978 Mr. Harry Milligan Planing Director .Kodiak Island Borough P. O. Box 1246 Kodiak, Alaska 99615 Subject: Kodiak Fir Terrace Subdivision State I.D. No. 78092101 Dear Mr. Milligan: dA island borough KODIAK, AIR RECEIVIk SEP 2 1978 143&910141M241243141616 A The subject project has been submitted to the State Clearinghouse for review. Your agency is invited •to review and comment on the attached information concerning the project. Pertinent comments might include how the project could affect your agency's present and future operations, and the project's potential impact on those concerns that fall within the responsibilities and expertise of your agency. The Clearinghouse has assigned State I.D. No. 78092101 -Ito the prcjeLL. Please uoc this number in all future correspondence concernin this project. To.be considered, your comments should reach this office by October 20, 1978. Sincerely, Enclosure(s) erry Madden Sta Federal Coordinator- _� _-� KS-1 S f AN C E 1. Applicant's Apple eation No. department of Agriculture 3. Applicant Name KODIAK TWO ASSOCIATES l e e'tional Unit Farmers Home Administration Department Division • 314 108th Avenue NE, Suite 600 Administrative Office Box 1449 Street Address -. P.O. Box Bellevue - King Strest Address - P.O. Box Soldotna Alaska 99669 City County Washington 98004 City • State Zip Code State Zip Code 4. Descriptive None of the Project An apartment community in Kodiak, Alaska to be called Fir Terrace Two Apartments consisting of 27 two bedroom units plus laundry and storage facilities: 5. Federal Catalog No. 6. Federal Funding Requested .g 1,282,500 7. Grantee Type tate, County, City, X Other _ (Specify) Private Industry 8. T.ype of Application or,Request N-w Grant, Supplement, Other Charges (Specify) 9. Type of Assistance Grant, X Laan, Other {Specify} Loan I0. Population Directly Benefiting from the Project 60 12. Longth of P• roject - Six Months 11. Congressiono! District a. applicant- first 13. beginning Date January. 1, 1979 b. project - 1 at large td. Date of Application August 30, 1978 15. The applicant certifies that to the bast of his knowledge anlief, the data in this application ore true and correct, and that he will comply with the attached assurances if he receives the grant, Typed name Title Terry Campbell Forest Investment Corporation Assistant Vice P esident General Partner Telephone NvmLer aRE.t CODE 206 NUMBER. 454-8433 EXT. Signature of authorized repr errtative Uky i t • YI For Federal Use Only . r FORM AD. -625 (12-72) PAGE 1 OM a 40 110.003445 • U.S. DEPARTMENT OF AGRICULTURE APPLICATION FOR FEDERAL ASSISTANCE (Short Form) PART II—BUDGET DATA Oblect Closs .7,:ctegories . Current Approved Budget . - (o) Change Requested (b) Nov. or Revised Budget (c) 1. 'Personnel 2. Fringe Benefits . . 3. Travel 4. Equipment ' - 5. Supplies . . 6. Coatractua. 7. Construction 8. Other - 9. Total Direct Charges . 10. Indirect Charges , 11. TOTAL . - . 350,000 • 12. Federal Share ' - . - 1,282 500 13. Non.Federal Share 67,500 14. Program Income 5. Detail on Indired Costs: . • - Type of Rate (Mark one box)'fl Pi5Visional 0 'Predeterrni=I - . D Final 0 Fixed • Rate % Base 5 . Total Amount 5 . . . PART III . .. . . . . . . Program Narrative Statement . • (Attach additional sheets, if necessary). • _ • _ • . . . . , . . . • ' • • • , . . • . . . . . . . • FORM AD 625 02-72) PAGE 3 NARATIVE KODIAK II ASSOCIATES - FIR TERRACE II APARTMENTS Kodiak Two Associates proposes to build a 27 two bedroom unit apartment complex in Kodiak, Alaska. This project is to be built under the Farmers Home Administration Rural Rental Housing Program for the moderate income families and the elderly. THE SITE - The proposed site Tract A of Kodiak, Alaska, Subdivision to the Borough of Kodiak Island is currently vacant. The stie is basically flat and will require only minimal excavation for foundations. There are trees on the property, many of which will be retained. THE PROJECT - The construction will be two story wood frame. Built to MPS, the construction will conform to all local, state and federal codes. The proposed project will include walkways, asphaltic concrete parking facilities and landscaping. In addition to the 27 units, the complex would also include a separate recreation and laundry/storage builting. THE NEED - Housing is one of the most serious problems facing Kodiak today. The most important industry to the Kodiak economy has been the fishing industry.. Its not only in the fishing fleet which Kodiak services as a main port, but also in the processing industry centered in the canneries of Kodiak Island. The housing for cannery employees is in most part in- adequate with two or three families living in a small apartment and necessitating the children having to live with relative or friends and splitting up the family unit. A recent announcement by a New England fish complay with plans to expand the Gibson Cove fish processing plant will have additional effect on the rental market with new employees of the cannery seeking living quarters. The second major sector of the economy is government, primarily Federal Government. The Coast Guard base on Kodiak serves as a stabilizing force for the fishing industry and with the new 200 mile patrol limit and ad- ditional personnel arriving in Kodiak housing units will be in critically short supply. By. July 1, 1978 there will be a shortage of 60 units, 20 for military'personnel and 40 for civilians. The Coast Guard is relying on the private developers and the community to meet there demands for ad- ditional housing units. The current estimated population is 9,620 with an anticipated growth rate of 3% per year. However, over the last five years housing starts have averaged less than 3% per year. In addition, over forth percent housing units in Kodiak are in fair to poor condition. With an already inadequate housing supply coupled with the desire of residents to upgrade their housing proves discouraging for Kodiak's residents. It is our feeling that 27 additional rental units may not totally solve the critical housing situation in Kodiak, but will relieve the most severe. area of need and as a result take some pressure off the housing market as a whole. /78 bb I ER:' WA -1101 56 ail 17, 1978 at 3:56 P.M. OED LK ASSOCIATES, A LIMITED PARTNERSHIP AMOUNT $ 1, 425, 000.00 PREMIUM $ 3,244.50 TO TIIE ESTATE, LIEN OR INTEREST INSURED BY THIS POLICY IS VESTED IN tame. insured FE, LIEN OR INTEREST INSURED ;tate in fee simple tIPTION OF THE REAL ESTATE WITH RESP ECT TO WHICH TRIS POLICY IS ISSUED RE HIBIr "A" AT] D III2 TO AND BY THIS • • A PART IIHMCIP • SCHEDULE 13 LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY DOES 1E: -XCEPTIONS rations contained in United States Patent. _.eservations contained in united States Patent. '1978 -taxes due Kodiak Island Borough are a lien, but are not yet due or payable. Utility easement over the Southerly Ten (10) feet as delineated on the plat. Financing Statement covering equipment, fixtures and contractual rights filed April 17, 1978 in the Kodiak Recording District, under File No. 78-000690, and in Juneau, Alaska with the Department of Administration. Deed of Trust, including the terms and provisions thereof, dated April 12, 1978, executed by KODIAK ASSOCIATES, A LIMITED PARTNERSHIP, Trustor, to WESTERN ALASKA LAND TITLE COMPANY, Trustee, for the Benefit of PEOPLES MORTGAGE COMPANY, to secure the payment of the sum of $1,425,000.00 and interest; recorded April 17, 1978 in Book 40 at page 61. Agreement, elated April 12, 1978, executed by KODIAK ASSOCIATES, A LIMITED PARTNERSHIP, to PEOPI£SMORTGAGE COMPANY, assigning all rents and agreeing not to sell or encumber real property; given as security for the payment of the suin of $1,425,000.00 and interest; recorded April 17, 1978 in Book 49..at page 69. 'OTE: This Policy is issued simultaneously with ALTA Mortgagee's 'olicy Number 11462 in the amount of $1,425,000.00. Any payment by :he Company on said Mortgagee's Policy shall reduce pro tanto the .iability under this policy. GENERAL EXCEPTIONS 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; pubic or private easements not disclosed by the public records; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material or labor liens or statutory liens under State Acts not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water or electricity. 2. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; defects, li, cumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon fact`s not dis- closed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 4. Mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. S. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regulating or prohibit- ing the occupancy, use or enjoyment of the land or any improvement thereon, or any zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; or the effect of g.ny violation of any such re- strictions, regulations or prohibitions. 6. "Consumer Credit Protection", "Truth in Lending" or similar lau, or failure to comply with said law(s). • SCHEDULE 1.1462. April17, 1978 at 3:56 P.M. NAME. OF INSURED )PLES MORTGAGE COMP AMOUNT s1,425,000.00 PREMIUM $ y 8 $ 50 ALTA + HE TITLE TO THE FEE SIMPLE ESTATE IN SAID LAND IS AT THE DATE HEREOF VESTED )DIAK ASSOCIATES, A LIMITED PARTNERSHIP HE MORTGAGE AND ASSIGNMENTS, IF ANY, COVERED BY THIS POLICY ARE DESCRIBED S FOLLOWS: ! Trust, including the terms and provisions thereof, Ipri1 12, 1978, executed by KODIAK ASSOCIATES, A ) PARTNERSHIP, Trustor, to WESTERN ALASKA LAND TITLE— I, ITLE,it, Trustee, for the Benefit of PEOPLES MORTGAGE COMPANY., $re the payment of the awn of $1,425,000.00 and interests.. ad April 17, 1978 in Book 40 at page 61. • • HE LAND REFERRED TO IN THIS POLICY IS DESCRIBED. AS FOLLOWS: ':r ; s in the mortgage covered by this policy: . BIT W Do BEAETO A141) BY TRIS RST MIK A ry..dit.$60*r.,- • .• SCHEDULE B )0LICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: ervations contained in United States Patent. 8 taxes due Kodiak Island Borough are a lien, but yet due or payable. . • lity Aasement over the Southerly Ten (10) feet as ed on the plat. ancing Statement.covering equipment, fixtures and contractual filed April 17, 1978 in the Kodiak Recording District, under 78-000690, and tn Juneau, Alaska with the Department of ration, hanics Liens or Materialmni4s Liens which arise out of tion which is wholly or partially funded by the proceeds oan secured by the Deed of Trust insured herein. mission of an As -Built Survey by a registered surveyor the location of the building to be within the property above d. eement, dated April 12, 1978, executed by KODIAK ASSOCIATES, D PARTNERSHIP, to PEOPLES MORTGAGE COMPANY, assigning all d-agree1.419-notr-to-aell-or-eneumber real -property; given ity for the payment of the sum of $1,425,000.00 and interest; April 17, 1978, Book 40 at page 69. • • BUILDING DEPARTMENT— CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING ADDRESS PIV WAY LOCALITY CLASS OF WORK NEW DEMOLISH ALTERATION REPA I R NEARESTJAWST.ay ADDITION MOVE BUILDING PERMIT NO. DATE ISSUE!? USE OF BUILDING /iii/0/3ReFietY uJ 0 NAME SIZE OF BUILDING/'4 :y HEIGHT AO r sw9c/LE,33-4/ 4,e0 //et: NO. OF ROOMS /;••••1 NO. OF FLOORS emi/e, 104 TEL" 0 C,617 NO. OF BUILDINGS VALUATION BLDG. FEE $ 4474 PLAN CHK, FEE TOTAL yN J6 NO. OF BUILDINGS NOW ON LOT BUILDING PLUMBING ELECTRIC NO. OF -FAMILIES - , FOUNDATION ROUGH ROUGH 327Esski. /e Okr SIZE OF LOT /41cgiotig FRAME SEPTIC TANK FINISH ,YiAle40,edqe , /f1/,05;6 USE OF BLDG. NOW ON LOT ApAermervbs" PLASTER SEWER FIXTURES SPECIFICATIONS FLUES GAS MOTORS STATE LICENSE NO. FOUNDATION FINAL FINISH FINAL cc 0 0 NAME"' ,,seeZeeS".• 14.9.571/.12`6•4'1,5' MATERIAL EXTERIOR. PIERS WIDTH OF TOP ADD WIDTH OF BOTTOM aik vile, /1/4 ,Faro,y DEPTH IN GROUND R.W. PLATE (SILL) #4111Cye- SIZE SPA:, SPAN suBprvisioN • ,,k/ii A 2/vey GIRDERS JOIST 1st. FL. JOIST 2nd. FL. LOT NO. BLK. JOIST CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, III, IV,C)VI -141( 2. Occupancy Group A, B, C, D, E, F, G, I, J Div, 1, 2, 3, 4, 3. Fire Zone 1 2.V4 INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating -building construction. Applicant - f4 y ig-2 iaj/y. fimets-, As p,e pitIN.s• 041 FANS' ReViewed- 9- Alp 3N11 A_LbJ3c10Hcf A PLOT PLAN 1LiJ U) - 3N11 Al2:13c102:Jci STREET vicie,"etWs" fr 14' /ge, /1'*" AW_.. AkdU a_ roAr./Ay • ,-.?/ /1g P trwitl 110 g A! fAQse i S'ire fix2A4 it/Mt & ag.-7 bed, t,) I a- 711s fq/;le ; 6 /1JE .isELJecl. ewe. rg /2;piti /7/ ".?,,ek.ev/ZI-.4,4cr.741, Xagoiri; ake..d., 4/Zde4 7E5 iiv2VE A *§'efil442-dgie peRNir R 0/4eh ull,/.10.1nvpase , &67/N/ Pe4'/4,2. A 7rve.li c PLANNING & ZONING INFO. C" • P<ed(7., REAR YARD ApprovecIJAHIEF BUILDING OFFICAL Approved: ZONING ADMINISTRATOR'' /441' Ye' ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES,. TOTAL HT.614' AREA OF LOT 0.7 eif /Ye • FRONT YARD SETBACK FROM PROP. LINE /10 ' SIDE YARD SETBACK FROM PROP. LINE By: a 0. By: BUILDING DEPARTMENT— CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING ADDRESS /.e'• .-- c / i .1-1/6 Pjr) tr /JA V CLASS OF WORK NEW DEMOLISH LOCALITY ALTERATION REPAIR NEAREST CROSS ST. fri AC -'1 ADDITION MOVE BUILDING PERMIT NO. P f DATE ISSUED A C USE OF BUILDING ApAR tii •• Ni 1 ,-,/,?ff As -soot & CC o CITY ere I le Liu SIZE OF BUILDING /VC „).4 „,..<// HEIGHT MAII.,ADDRESS.0 _ J I 7 Lie e Iv* s— NO. OF ROOMS 16 1, ciilr TEL. ND. cf: CX -VV NO. OF FLOORS NO. OF BUILDINGS VALUATION BLDG, FEE $ PLAN CHK, FEE TOTAL (:9 1- U W W Z U 0 .ft z LU CM r NO. OF BUILDINGS NOW ON LOT BUILDING PLUMBING ELECTRIC NO. OF FAMILIES FOUNDATION ROUGH ROUGH ADDRESS (41 , r „ SIZE OF LOT /ea 7 .4.? FRAME SEPTIC TANK FINISH CITY • 4,4 c114916% -z5, 3./1L-,?, USE OF BLDG. NOW 6N LOT .45,22412>ie/jr—C7 PLASTER SEWER FIXTURES SPECIFICATIONS FLUES GAS MOTORS STATE LICENSE NO. op, FOUNDATION FINAL FINISH FINAL z 0 tViergi.; VA) MATERIAL EXTERIOR. PIERS ADDRESS WIDTH OF TOP WIDTH OF BOTTOM v WA DEPTH IN GROUND R.W. PLATE (SILL) STATE LICENSE NOfi Ai /7?.4.7.16?.. SIZE SPA.. SPAN SUBDIVISION •e ! ,. T/5 - GIRDERS JOIST 1st. FL. JOIST 2nd. FL. LOT NO. BLK. JOIST CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, IV6/.N.)VI 01V 2. Occupancy Group A, B, C, D, E, F, G,PI, J Div. 1, 2, 3, 4, 3. Fire Zone 1 213)4 INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating„building construction. Applicant ---2 Li I 161 ,5el9o/vd /4 7? flAtl , A a pe<' 1%A) G Tie u etc.) ed - ANd- eieti Sho 01,1 61,3e1 p/ou Approved: CHIEF BUILDING OFFICAL By: 3N11 A_L2:13c10Hci PLOT PLAN A SETBACK 3N11 A.I.B3c102:id STREET ridAJJF--/fic,7764, e47 Moizro s• 7. (-= awp e 4.th PLANNING & ZONING INFO. ZONING DISTRICT 3 TYPE OF OCCUPANCY NUMBER OF STORIES TOTAL AREA OF LOT rt • /AP 4,,c2., FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: ZONING ADMINISTRATOR ie By: e -t.). BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. BUILDING ADDRESS LOCALITY NEAREST CROSS ST. w Z 0 CLASS OF WORK NEW DEMOLISH ALTERATION REPAIR NAME MAIL ADDRESS CITY TF I NO. F � W) F- Z U Z Q w NAME ADDRESS CITY STATE LICENSE_ NO. J O J DESCRIPTION NAME ADDITION MOVE USE OF BUILDING SIZE OF BUILDING HEIGHT NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS ND. OF BUILDINGS NOW ON LOT NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION MATERIAL EXTERIOR, PIERS APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING PERMIT NO. VALUATION DATE ISSUED BLDG. FEE PLAN CHK. FEE TOTAL WIDTH OF TOP ADDRESS WIDTH OF BOTTOM CITY STATE LICENSE NO DEPTH IN GROUND R . PLATE (SILL) Sin SPA., SUBDIVISION LOT NO. BLK. DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2 3 4 GIRDERS JOIST 1st. FL. JOIST 2nd. FL JOIST CEILING EXTERIOR STUDS INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant BUILDING FOUNDATION FRAME PLASTER FLUES FINAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL 3N11 Al2j3dO2Id A PLOT PLAN SETBACK 3Ni1 Al2z13dOiid STREET PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES TOTAL HT. AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: CHIEF BUILDING OFFICAL Approved: ZONING ADMINISTRATOR By: By• BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. CLASS OF WORK IILDING ADDRLSS LOCALITY NEAREST CROSS ST. Z 0 Ir 0 1- 1- 0 - N0 U J J DESCRIPTION NAME MAIL ADDRESS CITY TEL. NO. NAME ADDRESS CITY STATE LICENSE NO. NAME ADDRESS CITY STATE LICENSE NO. SUBDIVISION LOT NO. BLK. NEW DEMOLISH ALTERATION REPAIR ADDITION MOVE USE OF BUILDING SIZE OF BUILDING HEIGHT NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION MATERIAL EXTERIOR PII RS APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING PERMIT NO. VALUATION BUILDING FOUNDATION FRAME PLASTER FLUES FINAL WIDTH OF TOP WIDTH OF BOTTOM DEPTH IN GROUND R.W. PLATE (SILL) SIZE SPA.. SPAN GIRDERS JOIST lst. FL. JOIST 2nd. FL JOIST CEILING DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2 3 4 EXTERIOR STUDS INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant DATE ISSUED BLDG. FEE PLAN CHK. FEE TOTAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH S ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL 3N11 A1hi3dO2id PLOT PLAN A H SETBACK 3N11 J.12i3dO1id STREET PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES TOTAL HT. AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: CHIEF BUILDING OFFICAL Approved: ZONING ADMINISTRATOR By: By• BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. CLASS OF WORK LOCALITY 0 NEW DEMOLISH ALTERATION REPAIR ADDITION MOVE STATE LICENSE NO. USE OF BUILDING SIZE OF BUILDING I11 IGHi NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION MATERIAL EXTERIOR, PIERS WIDTH OF TOP WIDTH OF BOTTOM SUBDIVISION LOT NO. BLK. DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, 1, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2 3 4 DEPTH IN GROUND R.W. PLATE (SILL) SIZE SPA. , SPAN GIRDERS JOIST 1st. FL. JOIST 2nd. FL. JOIST CEILING EXTERIOR STUDS INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING PERMIT NO. VALUATION BUILDING FOUNDATION FRAME PLASTER FLUES FINAL DATE ISSUED BLDG. FEE PLAN CIIK. FEE TOTAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL 3N11 AILIAclOeld • PLOT PLAN A H SETBACK 3N11 AiN3dO8d STREET PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES TOTAL HT. AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: CHIEF BUILDING OFFICAL Approved: ZONING ADMINISTRATOR By: By. TO Richard W. Garnett III Erwin, Smith and Garne 1345 West 9th Avenue, Suite 201 Anchorage, Alaska 99501 FROM 'ODIAK ISLAND BOROUGH P. O. BOX 1246 KODIAK, ALASKA 99615 _SUBJECT: Fir Terrace I Apartments, Kodiak, AK FOLD DATE Dec. 9, 1980 Attached find letter from Assessor Edwin Haney, KIB, to F6rest Investment Corporation as-1isrussed in our phone conversation this morning. Also attached is a Petition for Abatement o£ Taxns_ PLEASE REPLY TO --IP. SIGNED Arnold T. Hansen Acting Manager DATE SIGNED RETAINED BY SENDER ©s KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 December 9, 1980 Forest Investment Corporation P.O. Box 50 Bellevue, Washington 98009 RE: Fir Terrace I Apartments Kodiak, Alaska ATTN: W.R. Wood, President Alaska Statute 29.53.060 states "The Assessor of a Municipality shall assess property at its full and true value." "The full and true value is the estimated price which the property would bring in an open market and under the then prevailing market con- ditions in a sale between a willing seller and a willing buyer both conversant with the property and with general price levels." As this is a newly constructed development of Forest Investment Corporation and quoting their petition "a cost investment of $2,90+,000," and $203,800. is 5% of the full mort- gage it is reasonable to assume that they themselves qualify as a willing buyer conver- sant with prevailing market conditions. Real property is assessed it's full and true value regardless of encumberances of the mortgagor or mortgagee. The value of the land and improvements is being assessed,not the income of the owner, or the value as a business investment, or its value as a tax shelter. The full and true value in this case is obviously the replacement value rather than the income value. Were the apartments to burn down completely, the amount of money to rebuild them would be a true test of these values. You would not settle with the insurance company for a portion of an 8% annual income. Were I a buyer interested in buying this housing project I would ask an appraisor for the value as a business and would expect a report covering the replacement, income and market values. In such a case the income approach would have a stronger affect on the value as a business. This same logic would show up in the purchase of a Bar or Nightclub doing a good business and selling at a very high figure - using the 3 values - an appraisor would first find the replacement value and remove this from the sale price giving the bal- ance as business or good will value. The appraisor gives the total value, the assessor wants only the value of land and improvements. Using as another example, 2 similar houses valued at $100,000. They would be assessed the same and the owners would pay the same amount of real property tax, no matter if one owner has an income of $50,000 and the other owner has an income of $25,000 - real property tax is not an income tax. Fir Terrace is the same as any other business, the taxes are not taken from the profits of the business, they are a legitimate business expense the same as utilitites, fuel, repairs, and reserves, etc. December 9, 1980 Rage two These thirty-one apartments whether subsidized or not use the City and Borough services. School, fire, police, roads, etc. Asking the other taxpayers to pay for an exemption of your tenants would certainly upset the equity of the Kodiak City and Borough tax- payers. To give a special exemption to exclude or partially exclude this property from taxation would take an ordinance passed by voters of both the City of Kodiak and Kodiak Island Borough. (Alaska Statute 29.53.025). Also of note from a Superior Court Opinion No. 636 (file 121)) 473 p. 2d 630, "A Borough has discretion to appraise by whatever recognized method of valuation it chooses, so long as there is no fraud or clear adoption of a fundamentally wrong principle of valuation." Also from Superior Court Opinion No. 28 (file 4+2) 359 p. 2d 783, "Income from property is not the sole standard of value although the income from property may be a legitimate factor to consider in fixing value for tax purposes it is not the sole standard to apply." Were the City or Borough of Kodiak to assess the value and tax the business of Fir Terrace your request for lower values would have merit, however the real property assessment on the "true value" or as in this case replacement less depreciation is the only logical and legal value to apply. One other pertinant factor to consider - the assessment considers the replacement value to average $27,500 per apartment and the cost investment as stated in the petition aver- ages $50,000 per apartment (round numbers). This has given the owner more than adequate relief for any mortgage restrictions. Regardless of the actions of a few eastern states, the State of Alaska still allows the Municipalities to assess the real property value and not the financial circumstances of the owner. You will be recieving your 1981 assessment in March and if you do not agree with the assessment you must appeal to the Board of Equalization within 30 days. If you still feel the assessment is wrong after the B.O.E. meets you may appeal to the Superior Court. EH/sc Copy To: Borough Manager Borough Attorney City Manager State Assessor Sincerely, a�-tet/ Ed Haney, Assess Kodiak Island Bdrough PROJECT SITE Vicinity Map Site Plan 1. = 30' FIR TERRACE APARTMENTS RENOVATION KODIAK, ALASKA PROJECT DESCRIPTION EXTENSIVE RENOVATION OF EXISTING APARTMENT BUILDINGS WITH NO CHANGE IN USE FOR 50 EXISTING UNITS_ CONVERTING EXISTING LAUNDRY ROOMS AND OFFICE INTO TWO NEW UNITS. THERE WILL BE A TOTAL OF 80 UNITS. NEW COMMUNITY BUILDING WITH OFFICE. COMMUNITY ROOM. TOILETS AND SMALL LAUNDRY ROOM. 140 SPRINKLER WILL BE PROVIDED. DRAWING INDEX CIVIL C1.0 EXISTING CONDITIONS AND DEMOLRION PLAN C2.0 SITE PLAN LOWER C2.1 SITE PLAN - UPPER 63.0 DETAILS ARCHITECTURAL 10.0 TITLE SHEET, CODE ANALYSIS A0.1 SITE PLAN A0.2 SPECIFICATIONS A0.3 INTERIOR ELEVATIONS A1.1 UNIT 135110240 FLOOR PLANS, SCHEDULE 4,1.2 UNIT BUILDING FLOOR PLANS, SCHEDULE A1.3 CORRIDOR PLAN,SECTION A1.4 CORRIDOR PLAN,SECTION A2.1 EXTERIOR ELEVATIONS, DETAILS A2.2 EXTERIOR ELEVATIONS A3.1 COMMUNITY BUILDING FLOOR PLAN & ELEVATIONS A3.2 COMMUNITY BUILDING SECTIONS STRUCTURAL S1.0 STRUCTURAL NOTES 02.0 STRUCTURAL PLANS 63.0 STRUCTURAL PLANS 04.0 STRUCTURAL DETAILS S5.0 STRUCTURAL DETAILS MECHANICAL M0.1 LEGENDS & SCHEDULES M1.0 PLUMBING M1.1 HEAL/NG M1.2 PLUMBING, HEATING, COMMUNITY BUILDING 612.0 MECHANICAL DETAILS ELECTRICAL E0.1 LEGENDS & SCHEDULES 00.2 SPECIFICATIONS 01.0 ELECTRICAL SITE PLAN E2.0 BLDG A & B ELECTRICAL PLANS E2.1 BLDG C & 0 ELECTRICAL PLANS/ E3.2 COMM. BUILDING ELECTRICAL PLAN 023 CONVERTED LAUNDRY ELECTRICAL PLANS E2.4 NEW COMMUNITY BUILDING ELECTRICAL PLANS E3.0 ELECTRICAL DISTRIBUTION AND LOAD ANALYSIS E3.1 BUILDING A & B ELECTRICAL DISTRIBUTION AND LOAD ANALYSIS E3.2 BUILDING C8 U ELECTRICAL DISTRIBUTION AND LOAD ANALYSIS PLANNING AND ZONING PARKING 2 ADDITIONAL UNITS WILL BE CONSTRUCTED REQUIRING 3 ADDITIONAL SPACES COMMUNITY BUILDING WILL BE USED EXCLUSIVELY BY THE RESIDENTS INCLUDING LAUNDRY FACILITIES AND THE ON-SITE MANGERS OFFICE. S NEW SPACES WILL BE PROVIDED LANDSCAPING NONE REQUIRED BY THE CITY OF KODIAK CODE ANALYSIS CODE REFERENCE THIS BUILDING CODE ANALYSIS IS BASED ON THE 2006 INTERNATIONAL BUILDING CODE (IBC) 2006 AND STATE OF ALASKA (SOA) AMENDMENTS AND CITY OF KODIAK CODE AND AMENDMENTS LEGAL DESCRIPTION LOT 1, BLOCK 1 KILLARNEY HILLS SUBDIVISION OCCUPANCY CLASSIFICATION R-2 RESIDENTIAL B OFFICE LEVEL OF CONSTRUCTION FOR EXISTING BUILDING LEVEL 3: GREATER THAN 50% WORK AREA TYPE OF CONSTRUCTION TYPE VB ALLOWABLE BUILDING AREA, STORIES/ HEIGHT ALLOWABLE TABULAR AREA 7,000 SF/ 2 STORIES/ 40 FEET FROM TABLE 503 - NO MODIFICATIONS ACTUAL BUILDING AREA/ STORIES/ HEIGHT 2 STORIES 2 STORIES WITH BASEMENT - FIRST STORY IS LESS THAN 0-0' ABOVE GRADE ACTUAL HEIGHT: LESS TAN 40 FEET SPRINKLER REQUIREMENT NOT REQUIRED (SOA 42) FIRE WALL SEPARATES BUILDING INTO LESS THAN 18 UNITS OR SLEEPING ROOMS OCCUPANT LOAD AND EGRESS ONE EXIT ALLOWED: • DWELLING UNITS LESS THAN 4 PER FLOOR (IBC TABLE 1019.2) • R-2 OCCUPANCY 2 STORIES OR LESS AND LESS THAN 4 DWELLING UNITS WITH 1 HOUR EXIT ENCLOSURE RATED CONSTRUCTION DWELLING: 1 -HOUR FIRE PARTITION BETWEEN UNITS (IBC 419.2 & 708.1) DRAFT STOPPING NOT TO EXCEED 3,000 SF WITH GREATEST HORIZONTAL DIMENSION NOT TO EXCEED 60' REFERENCE SHEET 1/01.4.(SOA AMENDMENT 35) CORRIDOR: RATED 1.0000 FIRE PARTITION (IBC 1004.1.1 EXCEPTION, SOA AMENDMENT 63) WITH 20 MIN DOORS (TABLE 7154). FIRE PARTITION PERMITTED TO TERMINATE IN CEILING MEMBRANE (IBC 706.4 EXCEPTION 3) FIRE WALL: 2 -HOUR (TABLE 705.4 EXCEPTION A) WITH 90 MIN DOOR (IBC TABLE 7154) NO PENETRATIONS ON ROOF DECK AND FIRE RETARDANT PLYWOOD WITHIN 4'-01. REF A14 LAUNDRY ROOM: 1 -HOUR (TABLE 508.2) WITH 45 MIN RATED DOOR (TABLE 715A) FIRE EXTINGUISHERS, SMOKE AND CARBON MONOXIDE DETECTORS PROVIDE PORTABLE FIRE EXTINGUISHERS WITH UL LISTING 20.10B:C SUGGESTED LARSEN MP -50R EQUIVALENT. PROVIDE ONE WITHIN EACH UNIT. AT CORRIDOR NOT GREATER THAN 1 PER 75 FEET OF TRAVEL DISTANCE. PROVIDE ONE SMOKE DETECTOR PER BEDROOM. PROVIDE ONE. SMOKE AND CARBON MONOXIDE DETECTOR IN EACH BEDROOM HALL. LOCAL NON FUNCTIONING ALARMS WILL BE REMOVED LEGEND 2 -HOUR FIRE WALL BDS Bezek Ours/ Selser, Inc. 3330 C Street, Suite 200 Anchorage, Alaska 99503 P.907.562.6076 F.907.562.6635 Fir Terrace Kodiak, Alaska DDS Project No.: 508016 Review Set August 4, 2009 Title Page Code Analysis TO.0 CEDAR BOARDS SW", STAINED AVM POST AND RAL LEGEND ACCESSIONS ROUTE SLOPE LESS MAN 120 NEW CONSTRUCTOR PHYSICALLY IMPAIRED EQUIPPED SIGHT IMPAIRED EQUIPPED HEARING IMPAIRED EQUIPPED THICKENED EDGE SLAB Dumpster Enclosure 1/6• - ASPHALT SHINGLES ICE & WATER SHIELD FRAMING: PLYWOOD 5/B' FRAMING: 2.S © 16" O.C. ce) (4) ONE BEDROOM UNITS 2 STORIES (4) ONE BEDROOM UNITS 2 STORIES AW W POSTS STAINED HARDIPANEL BOTH SIDES 4'-0" (6) ONE BEDROOM UNITS 2 STORIES AND 3e A BASEMENT (6) TWO BEDROOM UNITS 2 STORIES AND ABASEMENT Mailbox Enclosure 1/4•.1'-0' THICKENED EDGE SLAB D• PSTER. W/'.. CLOSURE (4) ONE BEDROOM UNIT 2 STORIES MAILBOX W/ ENCLOSURE COMMUNITY BUILDING Y' (4) ONE BEDROOM UNITS 2 STORIES 4) ONE BEDROOM UNITS 2 STORIES (4) ONE BEDROOM UNITS 2 STORIES (4) ONE BEDROOM UNITS 2 STORIES (4) ONE BEDROOM UNITS 2 STORIES (4) ONE BEDROOM UNITS 2 STORIES 6" F004O4/OW DSWV Site Plan ,•. 30' PLL' c SITE WORK PARKING INSTALL LIGHTING FIXTURES OFF BUILDINGS REPLACE ASPHALT 8,000 SF SEAL COAT ALL ASPHALT AND STRIPE REPLACE SIDEWALK WITH ACCESSIBLE RAMPS 6,500 SF INSTALL DUMPSTER ENCLOSURE INSTALL TRAFFIC SIGNS LANDSCAPE AREAS DISRUPTED BY CONSTRUCTION INSTALL ADA SIDEWALKS NOT GREATER THAN 1:20 INSTALL PLAYGROUND EQUIPMENT REMOVE FUEL TANKS BDS Bunk Duret Seiser, Inc 3330 C Sheet, 5u88 200 McnoraSe, MOD 99503 6907.552.6076 F.907.562.6635 Fir Terrace Kodiak, Alaska BDS ProfM Na.: 508016 Review 501 Au9ue14,2009 Site Plan A0.1 '3 0 2 0 2 • ' 0/ ' z DMPSID? OCLOSLWE SITE WORK NOTES 1. PRIMOE NEW AC PAYNENT AS %INN. 2 PRCMIX NEW PANT MARKPCS AS SHOWN. UNES TO BE 4" WOE, YELLOW r(FicAL 3. PREMOE NEW CONC77L11 SIDEWALKS AS SHOWN al- —761D --0/g &/q4 lli76 7 0 ' ''''•.\ 7 ACCrigat &RANG SGV 0119 1 7 A. 124.87 I.31.67 W79 \--RAY NE4 2 STORY APARTMENT BUILDING 5178 SI. 2 STORY APARTMENI 230240 7020 SF BLDG. '0' EMILY ErNeth OW, so- Aita0 / //// ////// / ////,/, u.c 1 / MLR EASEMENT / r -p.SITE PLAN SCM.E 1-20 S-ce. Narf- gv• "-11' vtYvd ircktkel cof ohfis otteet4 viLW Uk 004 GRAPHIC SCALE 20 40F1 SCALE: r = 20' Lot 1, Block 1, Killarney Hills Subdivision 0 0 a 0 12 0 119 GB OMAAnwrvs 090 mv0 I ,../t•S NOTED lion,1•191mmolleam. ••• ••• ENGINEERING. INC 5 am ST 2523 Guam. arkur SOX 23 71.117E ZOO llagYORI. re 01032 M221014Ct. AX 4950.3 170 (207) 869-2026 TEL (907) 56.1-39.35 I -Ar (207) ea -ems FA! (907) 363-3907 OR.&.VVIINO 711-,C SITE PLAN - LOWER 1.4 C2.0 7, 09-5283 0 Pr